BHOLA GORE Vs. MAKUM TEA COMPANY (INDIA) LTD.

JUDGEMENT

(1.) This second appeal is preferred by the appellant/defendant against the judgment & decree dated 29.11.2001, passed by the learned Civil Judge (Senior Division), Tinsukia in Title Appeal No. 03 of 1993 dismissing the appeal and upholding the judgment and decree dated 08.01.1993 passed by the learned Munsiff No. 2, Tinsukia in Title Suit No.18/86.

(2.) The second appeal was admitted to be heard by an order dated 08.01.2003 on the following substantial question of law:

(3.) The pleaded case in the plaint is that the respondent/plaintiff is a limited liability company registered under the Indian Companies Act, 1956, and it has a number of tea estates in Assam and it owns and manages, amongst others, Dehing Tea Estate at Margherita. The plaintiff is the absolute owner of the suit premises described in the schedule and the same was allotted as an incidence of employment to a permanent worker named Smti Nandi Gore, wife of one Rajesh Gore, who is the elder brother of the defendant. In the month of December, 1981, the defendant, who is not a worker of Dehing Tea Estate, forcibly dispossessed her and started occupying the same unauthorisedly and thus, he had become a trespasser. Despite being asked several times to vacate the suit premises, the defendant did not do so. Though the defendant being a trespasser was otherwise not entitled to a notice, a legal notice dated 09.10.1985 was served on the defendant asking him to quit, vacate and deliver up vacant possession of the suit premises immediately on expiry of 31st October, 1985. As defendant did not vacate the suit premises, the suit was filed praying for, amongst others, a decree for khas possession of the suit premises by evicting the defendant with all his belongings and dependants, if any, from the suit premises described in the schedule.