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1994 Supreme(Mad) 203

SRINIVASAN
Hindustan Petroleum Corporation Ltd. Government of India undertaking represented by its Manager, Madras – Appellant
Versus
A. K. Annadurai – Respondent


Advocates Appeared:
For the Appellants:B. Kumar, Advocate.
For the Caveator, Respondents:T.R. Rajaraman and S.S. Sundar, Advocates.

Judgment :-

1. These appeals arise out of the suits filed by the respondents for recovery of possession of the properties admittedly owned by them with damages. Both the courts have granted decrees for possession in favour of the plaintiffs. The trial court negatived the prayer for damages. On appeal the appellate court has granted a decree for damages at the rate of Rs. 300/- per mensem.

2. The first contention urged by learned Counsel for the appellants is that the suits are bad for want of notice under S. 80 of Civil Procedure Code. According to learned counsel the appellants are deemed to be Central Government by virtue of the provisions of the Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited Act, 1977 hereinafter referred to as the Caltex Act. Learned counsel placed reliance on the provisions of S. 9 of the said Act. Under that Section, if the Central Government is satisfied that Government company is willing to comply or has complied with such terms and conditions as Government may think fit to impose, may, by Notification, direct that the right, title and interest and the liabilities of Caltex (Ind















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