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2014 Supreme(Mad) 4369

PUSHPA SATHYANARAYANA
Spencer & Company Ltd. Rep. by its Power of Attorney – Appellant
Versus
Hindustan Petroleum Corporation Ltd. – Respondent


Advocates Appeared:
For the Plaintiff:R. Murari, SC for M.S. Sampath, Advocate.
For the Defendant:O.R. Santhanakrishnan, Advocate.

JUDGMENT

PUSHPA SATHYANARAYANA, J.

1. Suit for recovery of a sum of Rs. 85,80,566.40ps. with interest on Rs. 84,53,760/- @ 18% per annum and for costs.

2. The case of the plaintiff, who claims to be the owner of the suit scheduled property, as narrated in the plaint is as follows:-

(a) The suit property was originally let out by the plaintiff to one Caltex India Limited, which was, later on, taken over by the Government of India. Subsequently, the defendant Company stood substituted in the place of Caltex Oil Refining India Ltd. and renewed the lease for the period from 01.01.1975 to 31.12.1979 and thereafter, the lease was not renewed. It is stated that as the defendant did not vacate even after the expiry of lease, the plaintiff filed C.S. No. 26 of 1981 on the file of this Court for the relief of recovery of possession and for damages for use and occupation of the property. The plaintiff had claimed Rs. 1,05,000/- as damages for the period from 01.6.1980 till 30.9.1980 besides demanding a sum of Rs. 26,250/- per month as future damages till the date of delivery of possession by the defendant. The suit C.S. No. 26 of 1981 was transferred to the City Civil Court and re-numbered as


















































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