Entitlement to claim benefits u/s 9 of 1922 Act.

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. 100 per year and also agreeing to give vacant possession after the expiry of the lease period on 31-12-1975. On 22-12-1958, D.Mariakannu Ammal executed a Will in favour of the first respondent herein, with a direction to the second respondent to collect the rents from the suit property during the life time of one Joseph Nadar, the paternal uncle of the respondents and the respondents claimed that by virtue of this Will, after the death of D. Mar-iakannu Ammal on 25-3-1967, they became entitled to the suit property. Even long before the expiry of the lease, the respondents stated that they had sent a notice reminding the Burmah Shell Oil Storage Company about the expiry of the lease by 31-12-1975 and requesting that possession of the premises may be handed over to the respondents by 1-1-1976. Pursuant to this Burmah Shell Oil Storage Company is also stated to have written a letter on 6-6-1975 that the advance of Rs. 300 to be adjusted as per the terms of the agreement in the last months of the tenancy, will be adjusted in the last quarter ending with December, 1975 and that deducting this amount. Burmah Shell Oil Storage Company had paid also the balance of the rent due upto the end of December, 1975. This, according to the respondents, constituted an acceptance of the determination of the tenancy with the period ending on 31-12-1975. The appellant, according to the respondents, merely represented Burmah Shell Oil Storage Company by reason of the acquisition of its business by Government and vesting it in the appellant and that it had no independent rights apart from the rights of Burmah Shell Oil Storage Company, having derived rights from it. The further case of the respondents was that as per the terms of the lease deed, the premises in question was not vacated, but that after the expiry of the lease the rent payable subsequent to 1-1-1976 was sent, which was not in order and on 27-1-1976, the respondents brought to the notice Burmah Shell Oil Storage Company that it is no longer entitled to remain in possession of the premises and that it is bound to pay compensation at the rate of Rs. 750 per mensum on and from 1-1-1976 till the date of delivery of possession and at the same time calling upon it to vacate the premises by 1-3-1976. Thereafter the respondents stated that on 3-3-1976, the appellant had sent a reply to the effect that by reason of the provisions of the Burmah Shell (Acquisition of Undertakings in India) Act, 1976 (Act 2 of 1976)(hereinafter referred to as the Act'), all the rights of Burmah Shell Oil Storage Company had developed upon it and, therefore, it is entitled to have the benefits of the lease in its favour. A further claim was also made by the appellant therein to the effect that the respondents had agreed to grant the ren