BHARAT PETROLEUM CORPORATION LTD Vs. MUTHUMANI

JUDGEMENT

(1.) ALL the three matters viz., Second Appeal, Cross Objection and Writ Petition, being interconnected, have been heard together and decided by this Common Judgment.

(2.) THE Second Appeal has been filed by the appellant/plaintiff, questioning the correctness of the Judgment and decree, dated 27.11.2012, passed by the Principal Sub Court, Krishnagiri, in A.S. No.31 of 2012, whereby, the judgment and decree of the District Munsif Court, Krishnagiri, rendered in O.S. No.49 of 2005 on 16.04.2012, were confirmed.

(3.) ONE Thangavel Gounder, father of the defendants in the suit and the owner of the suit property, had executed a lease deed under Ex.A.1 dated 31.03.1964 in favour of Burma Shell Corporation and the lease period was for 40 years commencing from 01.01.1964. The said Burma Shell Corporation now stands in the name of M/s.Bharat Petroleum Corporation Limited (in short "Corporation "), the plaintiff/appellant herein by virtue of the Burmah Shell (Acquisition of Undertakings in India) Act, 1976 (in short "Act 2 of 1976 "). After the expiry of the lease period of 40 years on 31.12.2003, the appellant, as plaintiff, laid the suit for renewal of lease on the ground that they had made a request to the landowner for renewal of lease by sending a legal notice under Ex.A3 dated 03.02.2005, but, the said letter was returned 'unclaimed'. It is the specific claim of the plaintiff/appellant that the renewal of lease is automatic by virtue of the provisions contained in Act 2 of 1976, more particularly Section 5(2) thereof, which mandates the lessor to renew the lease when the plaintiff -Corporation desires for renewal. It was further claimed that there was no default of rent and the Corporation had deposited the rent into the court since Thangavel Gounder requested the Corporation to pay the rent in lump sum instead of paying Rs.450/ - per quarter.