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2016 Supreme(Ori) 724

D.DASH
Bharat Petroleum Corporation Ltd. – Appellant
Versus
Sugyani Kumari Deo – Respondent


Advocates Appeared:
For the Appellant : M/s. A. Mukherji, G. Mukherji, J.P. Choudhury
For the Respondent: M/s. Y.S.N. Murty, P. Mishra, M.K. Mohanty, Deepali Mohapatra, Sandeep Parida

JUDGMENT :

This second appeal under section 100 of the Code of Civil Procedure has been filed challenging the judgment and decree passed by the learned Second Additional District Judge, Berhampur in T.A. No. 13 of 1990.

2. The predecessor-in-interest of the respondents as the plaintiff had filed the suit i.e. T.S. No. 80 of 1983 in the court of Munsif, Berhampur (as it was then) against the appellant being arraigned as the defendant for the following reliefs:

(a) directing the defendant to deliver vacant possession of the suit property to the plaintiff in its original condition, after removal of structures, etc. at his own cost and in default to cause delivery to the plaintiff, the property be delivered through court;

(b) to grant cost of the suit, and

(c) to grant such other relief as the Hon’ble court deems fit under the circumstances of the case.

3. Plaintiffs case is that on 01.07.1953, one Rama Chandra Mardaraj Deo, the father of the original plaintiff executed a registered lease deed (Ext.1) in favour of Burmah Shell and Oil Storage and Distributing Company of India Ltd., with its duration for a period of thirty years commencing from on and 01.11.1952. The suit premises was leased




















































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