J U D G E M E N T

The present suit has been filed by the plaintiff seeking damages for use and occupation of the suit property to the tune of Rs.5,00,00,000/-

(Rupees Five Crores only) and for other reliefs.

2. According to the plaintiff, he is the owner of the land measuring an extent of 1437 sq.mts (15,450 sq.ft) situated at Old No.94, New No.76, G.N Chetty Road, T.Nagar, Chennai. In the year 1965, the defendant entered into a Lease Agreement with father of the plaintiff in respect of the suit property. As per the terms of Lease Agreement, the property was let out to the defendant for the purpose of running a petrol retail outlet. The lease period was initially fixed for 10 years i.e., from 14.04.1965 to 13.04.1975. It also contained a provision for automatic renewal of lease for a further period of 10 years upto

13.04.1985.

3. The father of the plaintiff died on 05.09.1977 and thereafter, there was a partition in the family of the plaintiff among legal heirs of plaintiff's father. The suit property fell into the share of the plaintiff and the lease in respect of the suit property was attorned in favour of the plaintiff. The defendant was running a petroleum outlet in the suit property through its dealer namely M/s Friendly Service Co. The said dealer M/s Friendly Service Co., is a Partnership Firm consisting the plaintiff and his two sons as partners.

4. Subsequently, by way of registered Lease Deed dated 29.06.1987, a portion of the property was surrendered to the plaintiff and lease was renewed in respect of remaining portion with retrospective effect from 13.04.1985 to 12.04.2006. The subject matter of the fresh lease is shown as the suit property in the schedule to the plaint. The lease between the plaintiff and defendant got expired by efflux of time on 12.04.2006. As plaintiff and defendant failed to agree for extension of lease, the plaintiff took possession of the suit property from dealer of the defendant namely M/s Friendly Service Co. The plaintiff sent a telegram dated 13.04.2006 to defendant requesting them to remove the equipment and materials from the suit property. It is also claimed by the plaintiff that despite taking possession of the suit property, he could not enjoy the property effectively, due to the failure of the defendant in removing their equipments and materials used for running the petroleum retail outlet.

5. Thereafter, in order to squat on the property, the defendant filed a suit in C.S.No.305 of 2006 before this Court seeking mandatory injunction for renewal of lease for a further period of 20 years. Pending the suit, the defendant filed an applications in O.A.No.348 of 2006 and A.No.1700 of 2006 seeking for injunction restraining the plaintiff from entering, obstructing or interfering with the defendant in running the petroleum outlet in the suit property. In the said applications, this Court passed an order dated 28.04.2006 directing dealer M/s Friendly Service Co., to run the petroleum outlet under the supervision of the defendant.

6. By virtue of the above said order passed by this Court in injunction applications, M/s Friendly Service Co., was allowed to carry on business in the suit property. The suit filed by the defendant was later transferred to the City Civil Court, Chennai on pecuniary jurisdiction and renumbered as O.S.No.12780 of 2010. Later on, it was dismissed on 18.03.2016. Challenging the dismissal of the suit, the defendant filed an appeal before this Court in A.S.No.589 of 2016. Pending appeal also as per the interim order passed by this Court, the above said M/s Friendly Service Co., was allowed to run the petroleum outlet under the supervision of the defendant till the disposal of the appeal. The said appeal was dismissed on 27.02.2020.

7. After dismissal of the appeal, the plaintiff sent a letter dated

11.03.2020 to the defendant informing them that there was no obligation on the part of the plaintiff to allow the functioning of the retail outlet in the suit property and directe