LOKESWAR DUTTA Vs. SENIOR MANAGER

JUDGEMENT

(1.) Heard Mr. DCK Hazarika, learned counsel, appearing on behalf of the appellant/ defendant and Mr. SN Sarma, learned senior counsel, assisted by Mr. S Choudhury, learned counsel, appearing for the respondents/ plaintiffs.

(2.) The present appellant is the defendant in T.S. No. 157/1994 (new)/ T.S. No. 37/1987 (old) in the court of the learned Civil Judge, (Junior Division) No. 1 Jorhat, which was filed by the plaintiffs/ respondents for declaration of its right, title and interest, ejectment and recovery of the possession of the suit land mentioned in the schedule of the plaint. The case of the plaintiffs/ respondents as pleaded in the plaint is that the Plaintiff No. 2/ respondent No.2 is a registered company having its registered office at Kolkata and Hanuwal Tea Estate is the unit of the aforesaid company. The plaintiff/ respondent No. 1 is the Senior Manger of the said Tea Estate. The defendant/ appellant was an employee of the said Tea Estate and as per the service rule, he was provided a garden quarter. The subject matter of the suit is the said garden quarter and the land appurtenant to it.

(3.) The defendant/ appellant came into the occupation of the suit property in the year 1975 alongwith the said quarter. The defendant/ appellant had also occupied the adjoining plot of land measuring 2 Bighas 4 Kathas and 10 Lechas and used the same as kitchen garden. However, claiming possession of the suit land, the defendant instituted T.S. No. 109/80 which was dismissed. The defendant/appellant also failed to get any favourable order even before the appellate court. The plaintiffs/ respondents pleaded that on 2.8.1983, the defendant/ appellant was dismissed from service after initiation of a departmental proceeding. The defendant/ appellant made a reference before the Labour Court, Dibrugarh and the learned Labour Court, Dibrugarh affirmed the order of the dismissal. Even after the order of his dismissal from service, the defendant/appellant continued to occupy the suit land and the plaintiffs/ respondents vide registered notice dated 4.12.1986 asked the defendant/ appellant to vacate the suit house. Though the said notice was duly received, the defendant/ appellant failed to comply with the demand of the plaintiffs/respondents. Thereafter, the plaintiffs/ respondents instituted T.S. No. 37/1987 for eviction of the appellant/ defendant from the suit house and the land. Later on, the suit was renumbered as T.S. No. 157/1994.