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1974 Supreme(Mad) 510

RAMAPRASADA RAO, RATNAVEL PANDIAN
Khivraj Chordia – Appellant
Versus
Esso Standard Eastern Inc. – Respondent


Judgement

RAMAPRASADA RAO, J. :- The plaintiffs in O. S. No. 2434 of 1969 and the defendants in O. S. No. 98 of 1970 on the file of the City Civil Court, Madras, are the appellants in both the appeals. The appellants shall be hereinafter referred to as Khivraj Chordia. The respondents in both the appeals are Esso Standard Eastern Inc. hereinafter referred to as Esso. They were the defendants in O. S. 2434 of 1969 and the plaintiffs in O. S. 98 of 1970, Khivraj filed a suit for recovery of vacant possession of the suit site from Esso on the foot that the period of lease granted to them under Ex. A. 1, dated 16-1-1959, has expired by efflux of time and that Esso was no longer entitled either under law or by contract to remain in possession of the suit site in the absence of a renewal of the lease as contemplated therein. The prior correspondence between the parties such as Exs. A.2 to A.7, discloses the mind of Khivraj Chordia to obtain vacant possession of the site, which Esso resisted on the ground that under the terms of the lease deed Ex. A. 1 and in particular under clause 3 (d) of the same, they were entitled to be in possession of the same, and that they were not liable to be e















































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