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1993 Supreme(Ori) 82

G.B.PATTANAIK, B.N.DASH
DOLLY DAS – Appellant
Versus
HINDUSTAN PETROLEUM CORPORATION LTD. – Respondent


Advocates Appeared:
A.PATNAIK, JAYANTA DAS

G. B. PATNAIK, J.

( 1 ) THE petitioner as the lessee in respect of the disputed plot was in possession of the leasehold property on the basis of the lease deed dated 10th of August, 1964, executed by the Governor of Orissa. The lease deed indicates that the land had been leased out for industrial and commercial purposes, mainly for automobile shop room and service station. The original lessee was M/s. Kalinga Automobiles, a partnership firm, and the present petitioner is now the sole lessee. M/s. Caltex (India) Limited entered into a lease agreement with the petitioner and became the sub-lessee in respect of the disputed premises by virtue of the lease deed dated 1-10-1969 and the period of lease was 10 years commencing from 1-10-1969. The lease deed contained a clause conferring an option of renewal with the lessee for a further term of ten years to be exercised before the expiry of the term created under the original lease and it was clearly indicated in the lease deed that upon exercise of the right of renewal, a fresh lease incorporating all the terms and conditions suitably modified shall be executed and registered by both parties to the agreement. While the original lease co
















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