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Supreme Court Of India

(From : Madras)*

Hon'ble Judge(s): V. N. Khare, Satya Brata Sinha, S. H. Kapadia , JJJ

Burmah Shell (Acquisition of Undertakings in India) Act (2 of 1976) , S.5(2)(3), S.11— Transfer of Property Act (4 of 1882) , S.107— Renewal of lease - Lease executed in favour of Burmah Shell Company - Appellant-tenant in respect of leased premises - Exercised option to renew lease for further period of twenty years - Held, appellant entitled to renew lease on same terms and conditions on which Burmah Shell held the lease - @page-SC2207Provisions of S. 107 of T. P. Act which contemplates execution of registered document are not required to be complied with - By virtue of Acquisition Act, 1976 right, title and interest inclusive of leasehold rights of Burmah Shell vested in Central Govt. and consequently upon appellant-company - S. 5 of Acquisition Act contemplates automatic renewal of lease - Said Act being special statute vis-a-vis T. P. Act which is general statute - Maxim "generalia specialibus non derogant" applies. A deed of lease was executed on or about 22-11-1967 by one "A" in favour of Burmah Shell Oil Storage and Distributing Company Limited. The appellant herein claimed itself to be a tenant in respect of the leased premises. Lessor by a notice purported to terminate the tenancy calling upon the appellant-tenant to quit and deliver the peaceful and vacant possession as per terms of the lease deed. In reply to the said notice, the a....