IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN WEDNESDAY, THE 22^nd DAY OF MAY 2024 / 1ST JYAISHTA, 1946 OP(C) NO. 1968 OF 2023 AGAINST THE ORDER DATED 04.04.2023 IN I.A NO.1538/2018 IN CS NO.45 OF 2020 OF SUB COURT, ERNAKULAM PETITIONERS/ADDL.PLAINTIFFS 2 TO 4

1 DEEPA NARAYAN,AGED 52 YEARS,W/O LATE T.V.NARAYANAN, D/O. J.L. BHATIA BUSINESS FROM SANKARALAYAM, THOTTEKKATT ROAD, ERNAKULAM, PIN - 682011 AND ALSO HAVING ADDRESS AT NO.10 GALAXY APARTMENTS B.J.ROAD, BANDRA WEST, MUMBAI, PIN – 400050.

2 SUDHA KUMAR,AGED 58 YEARS,D/O LATE T.N.VIJAYARAGHAVAN AND W/O T.N.KUMAR FROM SANKARALAYAM, THOTTEKKATT ROAD, ERNAKULAM, PIN - 682011 ALSO HAVING ADDRESS AT 004, LIBERO APARTMENTS, SEENAPA LAYOUT, R.M.V.LAYOUT 2ND STAGE, NEW BEL ROAD, BANGALORE, PIN – 560094.

3 ROOPA SRINIVAS,AGED 50 YEARS,D/O LATE T.N.VIJAYARAGHAVAN AND W/O SRINIVAS CHIDAMBARAM, FROM SANKARALAYAM, THOTTEKKATT ROAD, ERNAKULAM, PIN - 682011 ALSO HAVING ADDRESS AT S-283, UPPER GROUND FLOOR, GREATER KAILASH-2, NEW DELHI - 110 048.

BY ADVS.

M.P.RAMNATH P.B.KRISHNAN BEPIN PAUL RESPONDENTS/DEFENDANTS:

1 HINDUSTAN PETROLEUM CORPORATION LTD.,PETROLEUM HOUSE, NO.17 JAMSHEDJI TATA ROAD, MUMBAI, PIN-400 020, ALSO HAVING REGIONAL OFFICE AT TATAPURAM P.O. ERNAKULAM, ERNAKULAM VILLAGE, KANAYANNUR TALUK, PIN - 682014 REPRESENTED BY ITS MANAGING DIRECTOR.

2 THE SENIOR REGIONAL MANAGER,HINDUSTAN PETROLEUM CORPORATION LTD., TATAPURAM P.O. ERNAKULAM, ERNAKULAM VILLAGE, KANAYANNUR TALUK, PIN - 682014 OP(C) NO. 1968 OF 2023

3 KUNNATHU PARAMBIL SALES AND SERVICES,REPRESENTED BY K.S.AUGUSTINE & K.S. BENEDICT SERAPHINE, {EXP. LIC NO: P/ SC/ KL/14/ 1036 ( P-18 2978), OPP.

MAHARAJAS COLLEGE GROUND (NORTH OF KRISHNA HOSPITAL BUILDING), M.G.ROAD, ERNAKULAM, ERNAKULAM VILLAGE, KANAYANNUR TALUK, PIN- 682011.

BY ADVS.

GOPIKRISHNAN NAMBIAR M K.JOHN MATHAI(K/413/1984)

JOSON MANAVALAN(J-526)

KURYAN THOMAS(K/131/2003)

PAULOSE C. ABRAHAM(MAH/58/2006)

RAJA KANNAN(K/356/2008)

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

04.04.2024, THE COURT ON 22.05.2024 DELIVERED THE FOLLOWING:

'C.R.'

C.JAYACHANDRAN, J.

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O.P.(C) No.1968 of 2023 ==========================

Dated this the 22^nd day of May, 2024

JUDGMENT

Interesting is the issue involved in this Original Petition under Article 227 of the Constitution, which stems from rejection of an application for reference under Section 113, read with Order 46 of the Code of Civil Procedure. The plaintiffs in the suit, C.S No.45/2020 (originally instituted as O.S No.78/2015) of the Sub Court, Ernakulam are the petitioners herein. The suit was for eviction of the lessee and for recovery of the property, as also, for recovery of a sum of Rs.2 Crores towards rent/damages for use and occupation. The essential facts are as follows:

2. The plaint schedule property having an extent of 21.850 cents was originally taken on lease by the Standard Vaccum Oil Company, a corporation registered as per laws of the State of Denver of the United State of America. The lease was for a period of ten years commencing from 24.06.1960, as per registered document No.2360/1960 of the S.R.O, Ernakulam and the rent fixed was Rs.185/- per month. The successor of the leasehold rights was the ESSO Standard Eastern Inc. By virtue of ESSO (Acquisition of Undertakings in India)Act, 1974 (the 'ESSO Act', for short), the first defendant, Hindustan Petroleum Corporation Limited, became the lessee of the plaint schedule property. In an application preferred by the predecessor-in-interest of the plaintiff under Section 106 of the Kerala Land Reforms Act, 1960 (the 'KLR Act', for short), the rent was fixed at Rs.1420.25 per month. However, the Appellate Authority(Land Reforms, Alappuzha), by its Order in L.R.A. No. 476 of 1979, modified the Order of Land Tribunal, only as regards the date from which enhanced rent is to be paid. Dehors the expiry of the lease and the extended period, as envisaged in the ESSO Act, defendants 1 and 2 are continuing in the plaint sch