ANIL KUMAR
Hindustan Petroleum Corporation Limited – Appellant
Versus
Badri Nath Khanna – Respondent
Anil Kumar, J.
Shri Vikas Budhwar, learned counsel for the appellants, Shri M. D. Singh Sekhar, learned Senior Advocate assisted by Shri Khitij Shailendra, learned counsel for respondent and perused the record.
2. Factual controversy involved in the present case is that in the city of Moradabad, there is a land situated at Rampur Road near Miglani Cinema, Moradabad measuring 45.72 x 23.78 m (BCMH) (hereinafter referred to land in dispute) which belongs to plaintiff/respondent, let out by way of lease deed to Hindustan Petroleum Corporation Limited in order to set up a retail outlet. The last lease deed was executed on 2.12.1999 w.e.f. 1.11.1997 for a period of 10 years on the lease rent of Rs.5500/- per month and Clause 3 (g), the deed provides as under : -
"That the lessor shall on the written request of the lessee made before the expiry of the term hereby created grant to it a lease of the demised premises for a further term of ten years from the expiration of the said term i.e. from 1.11.2007 to 31.10.2017 at Rs.6050/- per month and containing the like covenants and provisions as are herein contained so as to give the lessee in its possession and aggregate of one renewal of
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