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1993 Supreme(Mad) 601

ABDUL HADI
Hindustan Petroleum Corporation Limited – Appellant
Versus
K. M. Yakub (died) and others – Respondent


Advocates:
O.R.Santhana Gopalan, for M/s. King and Partridge, for Petitioner. G.Subramanian, Senior Counsel, for K.Raghunathan, for Respondents.

Judgment :

The 1st defendant, Hindustan Petroleum Corporation Limited in O.S.No.1286 of 1972 on the file of the Subordinate Judge, Erode is the petitioner in this civil revision petition against the concurrent dismissal of its I.A.No.374 of 1979 in the said suit filed under Sec.9 of the Tamil Nadu City Tenants’ Protection Act (hereinafter referred to as ‘the Act’) for purchasing the suit land, with reference to which the abovesaid suit by the 1st respondent herein, sought the relief of possession.

2. The 2nd defendant in the said suit, viz. Lorry Owners’ Association is a dealer under the 1st defendant, selling petroleum products of the 1st defendant at the suit site. But, it did not file the abovesaid Sec.9 application, but, only the 1st defendant filed the said application.

3. The trial court has dismissed the said application and the appeal therefrom in C.M.A.No.32 of 1983 filed by the 1st defendant also ended in dismissal. Hence, this civil revision petition.

4. Admittedly, there was lease of suit site in favour of the 1st defendant’s predecessor the Coltex (India) Ltd., right from 1953 upto 22. 1976, as borne out by the relevant documents and thereafter, there was no renewal














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