CHARGOLA TEA CO P LTD Vs. GHANASHYAMLAL AGARWALA

JUDGEMENT

(1.) The above appeals arise out of a common judgment passed by a learned single Judge of this Court dated 24-12-1998 whereby the writ petition being marked as C.R. No. 18331 (W) of 1984 and C.R. No. 18452 (W) of 1984 were disposed of with the following observations :-

(2.) The admitted facts of the case, briefly stated, are that on Sept. 18, 1976, Chargola Tea Company Private Limited as the owner of Chargola Estate granted a lease with effect from August 1, 1975 in favour of Shri Ghanshyamlal Agarwal, the Respondent herein in MAT No. 880/99 by a registered deed of lease for a period of five years on a rental of Rs. 4,000/- per month with an option to renew the same for another term of five years incorporating a stipulation that the lease cannot be determined by the lesser without payment of the dues of the lessee which he had already advanced to the lessor. Similarly, on the same date M/s. Singlachara Tea Company Priate Limited as the owner of Singlachara Tea Estate executed a deed of lease in favour of the writ petitioner Ghanshyamlal Agarwal in similar terms.

(3.) The Central Government by a notification dated 7th Dec., 1978 authorised Tea Trading Corporation of India Limited (hereinafter referred to as TICI) to take over the management of the whole of Chargola Tea Estate for a period of 5 years subject to the terms contained therein. But actually both the tea estates were taken over by the officials of TICI from Ghanshyamlal Agarwal. Ghanshyamlal Agarwal filed two writ petitions challenging the notification of the Central Government for taking over both the tea estates and the writ application were marked as C.R. 9632(W)/78 and C.R. No. 5853(W)/79 under Art. 226 of the Constitution of India. Both the petitions were dismissed by order of a single Judge dated 24-12-1998. In the meantime the period of 5 years under the Notification of Central Government taking over the management expired. Singlachara Tea Co. filed a writ petition marked as C.R. No. 18331(W) of 1984 claiming theri right to get back the tea estates as the owners thereof. In the writ petition No. 18331(W) of 1984 the lessee Ghanshyamlal Agarwal, Chargola Tea Co. (Pvt.) Ltd. and Rangajaun Tea and Plantation Industries Private Limitd by filing separate petitions claimed possession of the tea estates after removal of Special Officer (vide pages 355-425, 426-487, Chargola 940-1017 of the paper book) Ghanshayamlal Agarwal also filed a writ petition marked as petition No. 1 8452(W) of 1984 before the writ Court praying for direction upon TICI to make over the possession to tea estate in his favour. Rangajaun Tea and Plantation Industries Private Limited intervened in the writ petition No. 18331 (W) of 1984 as another claimant for possession of the Estate by virtue of an irrevocable power of Attorney executed on 12-7-1984 for a period of 15 years to run, manage and control Singlachara Tea Estate. The TICI (respondent in writ petition No. 18331 (W) of 1984) having expressed its unwillingness to run the management of tea estates, a Special Officer was appointed by the writ Court to run the management of the Tea Estates till the disposal of writ petition.