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1989 Supreme(Mad) 329

RATNAM
Bharat Petroleum Corporation Limited, Represented By Its Area Accountant – Appellant
Versus
D. X. Francis – Respondent


JUDGMENT

Ratnam, J.

1. The second defendant in O.S.No.70 of 1976 Sub Court, Mayuram, viz., Bharat Petroleum Corporation Limited, Madras, which also figured as the petitioner in O.P.No.94 of 1976, Sub Court, Mayuram, is the appellant in the Second Appeal and the petitioner in the Civil Revision Petition (hereinafter referred to as "B.P.C." for short). The respondents herein instituted O.S.No.70 of 1976 for recovery of possession of a vacant site measuring 7,200 sq., ft., situate in Ward No. 3, Block No. 21, Koranad, Mayuram, and for recovery of a sum of Rs. 4,500 as compensation for the period from 1-1-1976 to 30-6-1976 and for recovery of future damages at the rate of Rs. 750 per mensum till the date of delivery of possession.

2. According to the case of the respondents, the suit property belonged to their grandmother D.Mariakannu Ammal and on and from 1-1-1956, Burmah Shell Oil Storage and Distributing Company of India Limited, Madras (hereinafter referred to as "Burmah Shell Oil Storage Company, for short) the first defendant in the suit, had taken a lease of the same for a period of twenty years on a monthly rental of Rs. 85 agreeing to pay the Municipal Taxes etc., estimated at Rs










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