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1996 Supreme(Mad) 734

S.S.SUBRAMANI
Hindustan Petroleum Corp. Ltd. , Madras – Appellant
Versus
K. M. Yakub (Died) by L. Rs. – Respondent


Advocates Appeared:
For the Appellants:R. Krishnamurthi, Advocate-General for K. Kumar, Advocate.
For the Respondents:.K. Raghunathan, Advocate.

Judgment :-

1. In Second Appeal, defendants 1 and 2 are the appellants. In the Civil Miscellaneous Appeal, the legal representatives of the plaintiff are the appellants.

2. Reference to the parties in both these Appeals will be as in the suit.

3. Plaintiff-K.M. Yakub filed O.S. No. 1286 of 1978, on the file of Second Additional Sub Judge, Erode, for recovery of the schedule properties from the defendants. Plaintiff is the owner, and he leased out the same from 1953 onwards in favour of the first defendants predecessor and the lease continued by various renewals, upto 29-2-1976. Thereafter, there was no renewal. But the enactment ‘Caltex Oil Refining (India) Limited under the Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited, 1977 came into force on 30-12-1976, whereby the total interest of Caltex (India) Limited vested in the Central Government. Thereafter, it became a Government-owned Company, called Caltex Oil Refining (India) Limited. The said Government Company was amalgamated with the first defendant-Company. The lease was admitted by the defendants also, and they claimed the benefits of City Tenants








































































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