R SIVAPRAKASAM Vs. JOINT CHIEF CONTROLLER OF EXPLOSIVES

JUDGEMENT

(1.) As the issue involved in the Writ Petition and the Second Appeal is one and the same, both cases are taken up for disposal by a common judgment.

(2.) According to the writ petitioner, viz. R.Sivaprakasam, the property in question originally belonged to his grandfather, R.R.S.Ekambaram Chettiar, son of R.R.Subbarayalu Chettiar and he leased out the same originally in favour of M/s.Bhurma Shell Oil Storage and Distributing Company of India Limited (in short 'Bhurma Shell') for a period of 20 years from 01.10.1963 and the rent was fixed at Rs.75/- per quarter, i.e. Rs.25/- per month. Thereafter, the said Bhurma Shell Company was taken over by the Central Government and the statutory Corporation was formed under Act 2 of 1976, dated 24.01.1976 and Bharat Petroleum Corporation had continued as Lessee after 1976 till 01.10.1983 on the same terms.

(3.) It is further stated by the writ petitioner/Sivaprakasam that his grandfather executed a registered Will dated 24.05.1988, bequeathing the said property in his favour. The writ petitioner's grandfather did not renew the lease after 1983. After the death of the writ petitioner's grandfather, the writ petitioner had to renew the lease in the year 1995, since Bharat Petroleum Corporation was entitled to one more renewal of lease as per the same terms and the same period in accordance with the enactment of Bhurma Shell (Acquisition undertaking in India) Act, 1976, as contemplated under Section 5 of the said Act. According to the writ petitioner, though the said property was leased to Bharat Petroleum Corporation, his grandfather was in occupation of the property as a dealer in the name and style of 'M/s.R.R.S.Ekambaram Chettiar, Chennai' and thereafter, the writ petitioner is carrying on the dealership as a partner of the said Concern till date and he is in actual physical possession of the entire property in question.