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2004 (4) TMI 643

..... dal And S. Mukherjee, Advs For Respondents: K.V. Vijayakumar, Adv. in C.A. No. 1383/99, M.A. Krishna Moorthy And Nedumaran, Advs. in C.A. Nos. 1875-76/99 JUDGMENT S.B. Sinha, J. INTRODUCTION: 1. 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. FACTUAL BACKGROUND: 2. The factual matrix of the matter is being noticed from Civil Appeal No. 1983 of 1999. 3. A deed of lease was executed on or about 22.11.1967 by one Smt. 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 ₹ 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 product .....

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..... erein was dismissed by the District Judge, Erode. 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. It cannot be said that the filing of the suit can be construed as step being taken for the renewal. When the suit for recovery of possession is pending, as soon as filing of suit for renewal of the lease, the appellant ought to have taken steps for joint trial. He has allowed two suits to be proceeded with, independently. That means, he wanted to take a chance before both the courts below. This conduct of the appellant cannot be appreciated. Hence, I do not find any error in the findings of the Courts below that the appellant has not taken any steps to get the lease renewed prior to the expiry of the lease. Hence, the second appeal is dismissed. Consequently, CMP 8085 of 1998 is also dismissed. &quo .....

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..... has been defined to mean the date of commencement of the said Act which, as noticed hereinbefore, has been specified on 24.1.1976. Section 7 of the said Act provides for the Central Government to direct vesting of the undertakings of the Burmah Shell in a Government company. It is not in dispute that an appropriate notification in terms of Sub-section (1) of Section 7 has been issued in favour of the appellant herein. Sub-section (3) of Section 7 provides that the provisions of Sub-section (2) of Section 5 shall apply to a lease or tenancy which vests in a Government company as tenancy in the Central Government and reference therein to the Central Government shall be construed as the reference to the Government company. Section 11 of the Act provides for a non-obstante clause stating that the provisions thereof shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in Force or in any instrument having effect by virtue of any law other than the said Act. FINDINGS : 11. The said Act is a special statute vis-a-vis the Transfer of Property Act which is a general statute. By reason of the provisions of the said Act, the right, tit .....

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..... ppeal No. 2510 of 2002) disposed of on 18.3.2004. 16. Furthermore, Section 11 of the Act provides for a non-obstante clause. An overriding effect, therefore, has been given thereby over all other laws for the time being in force. 17. In Aswini Kumar Ghose and Anr. v. Arabinda Bose and Anr. [1953]4SCR1 , it was observed : " ...The enacting part of a statute must, where it is clear, be taken to control the non obstante clause where both cannot be read harmoniously; for, even apart from such clause, a later law abrogates earlier laws clearly inconsistent with it. Posteriores leges priores contrarias abrogant (Broome's Legal Maxims, Edn. 10 p. 347). Here, Section 2 entitles every Advocate of the Supreme Court as of right to practise in any High Court in India." 18. We, therefore, are of the opinion that the legislative scheme contained in the said Act leads to only one conclusion that if Government company expresses its desire to renew the lease, the same would stand renewed on the same terms and conditions. 19. Section 5(2) and Section 7(3) of the Act are required to be given its purposive meaning, having regard to the object and purport the statute seeks to achieve. The .....

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..... a transfer made by operation of law. If a judicial order is passed restoring the land back to a member of Scheduled Tribes in terms of the purport and object of the statute, the provisions of the Transfer of Property Act cannot be applied in such a case. The matter is governed by a special statute. Unless there exists a provision therein, an order passed thereunder cannot be supplanted or supplemented with reference to another statute." CONCLUSION: 22. For the reasons aforementioned, the impugned judgments cannot be sustained and are set aside accordingly. 23. Before parting with this case, we may, however, place on records the statements made by Mr. M.A. Krishna Moorthy to the effect that the appellant is not interested in having the second renewal and the possession of leasehold shall be handed over the respondent herein on the expiry of the tenure of the renewed lease i.e. tenure of the lease. With a view to do complete justice between the parties, in exercise of our jurisdiction under Article 142 of the Constitution of India, we direct that the appellant herein shall pay a sum of equivalent to 10 times of the original rental with effect from the date on which the original .....

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