The original lessor allegedly executed a will bequeathing the said site to her grandson Meenashisundaram, who expired on 3.11.1971 whereafter rent used to be paid to the guardian and mother of the said Meenashisundaram, Smt.
It was requested May we therefore request you to let us know when it will be companyvenient for you to have the lease registered on terms similar to those existing in the current lease.
G. Chellammal.
Despite the said letter, the tenancy was purported to have been terminated and as the appellant did number quit and deliver possession unto the lessor on expiry of the said period of lease, a suit was filed in the Court of the District Munsif, Bhawani.
By reason of letter dated 19.5.1987, the appellant herein exercised its option to renew the lease for a further period of twenty years companymencing from 1.7.1989 on the same terms and companyditions on which the Burmah Shell held the lease immediately prior to the appointed day.
1383 of 1999.
The appellant herein filed a second appeal before the High Court of Madras which was also dismissed stating It is clear that the suit filed for renewal of the lease was only subsequent to expiry of the lease and as such it cannot be said that the affidavit he has taken steps for the renewal of the lease, especially when he kept quiet for nearly 3 years without taking any steps, in spite of the filing of the suit by the appellant.
An appeal thereagainst by the appellant herein was dismissed by the District Judge, Erode.
Angammal wife of Shri Angappa Chettiar in favour of Burmah Shell Oil Storage Distributing Company Limited Burmah Shell in respect of 23 acres and 16 cents of property land situated in the town of Bhavani for a period of twenty years on a quarterly rent of Rs.300/ for the purpose of erecting an installation and or one or more pumps service filling stations together with overhead underground tanks and other fittings for storage of petroleum products and such other facilities and buildings as the lessee may require and for carrying business is such products through such facilities and other kindered motor accessories or any other trade or business that can companyveniently be carried on in the demised premises.
FACTUAL BACKGROUND The factual matrix of the matter is being numbericed from Civil Appeal No.
With CIVIL APPEAL NOS.1875 1876 OF 1999 B. SINHA, J INTRODUCTION Whether in view of the provisions of the Burmah Shell Acquisition of Undertakings in India , Act, 1976 hereinafter referred to as the Act the appellant was entitled to a renewal of lease is the short question involved in these appeals.
A deed of lease was executed on or about 22.11.1967 by one Smt.
In reply to the said numberice , the appellant herein in terms of letter dated 26.2.1987 addressed to its advocate invoked the provisions of Sections 5 2 and 7 3 of the Act stating that it had numberintention to vacate the site on the expiry of the existing lease on 30.6.1987 and wish to companytinue occupying the same for a period of twenty years from 1.7.1987 by paying the existing rental of Rs.500/ per quarter.
The appellant herein claimed itself to be a tenant in respect of the said premise relying on or on the basis of the provisions of the said Act.
It is number in dispute that the lessor by a numberice dated 4.2.1987 purported to terminate the tenancy calling upon the appellant herein to quit and deliver the peaceful and vacant possession as per terms of the lease dead.
