RAJIB BAROOAH Vs. PURNIMATI PLANTATION PVT. LTD.

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. B.J. Ghosh, learned counsel appearing for the petitioner and Mr. K. Bhattacharjee, the learned counsel appearing for the respondent. Taking note of the nature of case, with the consent of the parties, the matter was heard at admission stage'.

(2.) The petitioner herein had filed a suit against the respondent for eviction, recovery of possession, recovery of arrear rent and compensation and for permanent injunction, which was registered as Title Suit No. 76/2009 and being tried before the learned Munsiff No.1, Jorhat. Briefly stated the suit was, inter-alia, structured on the ground that vide Deed of Lease dated 12.04.2004, which was effective from 02.12.2003, the land described in Schedule-A was leased out for a period of 99 years at a yearly rent of Rs. 10,000/-, payable within 30 days in each year from the date of commencement of the lease. The eviction of the respondent was sought on the ground that they had violated various clauses of the lease deed, there was no development of the tea estate, suit land was being used for other purposes not covered by the deed, sub-letting, non-payment of lease rent, creation of mortgage, etc. The respondent/ defendant denied the same. Owing to the nature of the issue raised in the present application, it is not deemed necessary to burden this order with pleadings of the parties.

(3.) In course of proceeding of the suit, the petitioner/ plaintiff had filed a petition under the provisions of Order XXVI Rule 9 and 10-A of the Civil Procedure Code, which was numbered as Petition No. 1653/15 dated 01.07.2015. It was stated therein that the respondent/ defendant had caused large scale damage to the Tea plantation and no steps were taken for development of Tea and that quite a number of measures not connected to Tea had been undertaken. Hence, it was urged and prayed that a Survey Commission be appointed to survey the area of Purnimati Tea Estate of Purnimati Plantations Pvt. Ltd. in presence of both parties and submit a report. The name of a surveyor was also suggested in the said petition.