C.S.No.403 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON

: 14.06.2023

PRONOUNCED ON

: 28.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

C.S.No.403 of 2020

(Comm.Suits)

V.Sudhakar

... Plaintiff

vs

M/s Indian Oil Corporation Ltd.,

No.500, Anna Salai, Teynampet,

Chennai – 18.

... Defendant

Prayer: Civil Suit is filed under Order IV Rule 1 of the Original Side Rules

read with Order VII Rule 1 of the Code of Civil Procedure and under Section

7 of the Commercial Courts Act, 2015 (4 of 2016), praying for,

(a) Directing the Defendant to pay a sum of Rs.5,00,00,000 (Rupees

Five Crores Only) towards damages for use and occupation of the schedule

property from the period April, 2006 till February, 2020 together with future

interest at the rate of 24% per annum from the date of filing of the Suit till the

date of realization of the amount.

(b) Directing the Defendant to pay a sum of Rs.10,00,000/- (Rupees

Ten Lakhs) towards cost of excavation, storage charges and also security

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C.S.No.403 of 2020

charges for the equipments of defendant lying in the Suit schedule property

from March 2020 till 24/07/2020.

(c) Pass such further or other Orders as this Hon'ble Court may deem

fit and proper and render justice.

(d) Cost of the suit.

For Plaintiff

: Mrs.Chithra Sampath

Senior Advocate

for M/s.Mohammed Irfan Ali

For Defendant

: Mr.M.Vijayamehanath

for M/s.AAV Partners

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

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C.S.No.403 of 2020

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

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C.S.No.403 of 2020

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 o