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2005 Supreme(MP) 686

A.K.SHRIVASTAVA
Hindustan Petroleum Corporation Ltd. – Appellant
Versus
Kamal Vasini Agrawal – Respondent


Advocates:
P.S. Nair with B.P. Gupta for appellant; Satish Agrawal and Kunal
Thackrey for respondent No.1; Devesh Jain for respondent No.2.

JUDGMENT

1. These two appeals have been preferred by different defendants under section 96 read with Order 41 Rule 1 CPC against the judgment and decree passed by trial Court decreeing the suit of plaintiff Smt. Kamal Vasini Agrawal.

2. In brief the suit of plaintiff is that she is the owner and land lady of disputed property. The defendant No.1 M/s. Hindustan Petroleum Corporation Limited (hereinafter referred to as 'the Corporation') is a Government company. By, The Caltex [Acquisition of Shares of Caltex oil Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited] Act, 1977 (for brevity the Act of 1977), the shares of the said company were acquired by the Government of India. Subsequently the rights therein were assigned to defendant No. 1 Corporation.

3. Defendant No.2 M/s. Sikharchand and Company is a dealer of defendant No. 1-Corporation which is in actual occupation of the premises in question.

4. The defendant No. 1 was a tenant of the premises in question under a lease agreement on monthly rent of Rs. 250/- which expired on 30.6.1986. As per the plaint averments, by deed of lease dated 5.9.1966, the said premises were let out to M/s. Caltex (India)





















































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