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2000 Supreme(Mad) 1033

N.K.JAIN, RAVIRAJA PANDIAN
N. R. Vairamani – Appellant
Versus
Union of India and others – Respondent


Advocates:
K.Subramanian, Senior Counsel, for Mohammed Saffi, for Appellant.
Dilip Singh, for M/s.King and Patridge, for Respondents.

N.K.Jain, C.J.: This writ appeal has been filed against the order of the learned single Judge, dated 27.10.1999, passed in W.P.No.17370 of 1999, dismissing the writ petition with the observation that it is for the writ petitioner to take appropriate proceedings before the appropriate Court, to evict respondents 2 and 3.

2. It is alleged that on 1.4.1958, by way of a lease deed, the disputed property was leased out by the writ petitioner in favour of M/s.Burmah Shell Oil Storage and Distributing Co., of India Ltd., for a period of 20 years. The currency of lease was expired on 31.8.1978. The writ petitioner has decided not to grant any further lease, and wanted to put up a building on the said property. It is further alleged that since the undertaking was transferred and vested with the Central Government, the petitioner on 22.9.1977 sent a registered letter to the Bharat Petroleum Corporation Ltd., requesting to vacate the premises by the expiry of lease on 31.8.1978, since she was not willing to extend the lease, and in view of her proposed construction in the said property. But the respondents 2 and 3 did not vacate the premises, and as per Secs.5 and 7 of the Burmah Shell (Acquis






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