FOOD CORPORATION OF INDIA Vs. SURAT RAM KHADARIA AND SONS
LAWS(GAU)-2018-5-208
HIGH COURT OF GAUHATI
Decided on May 17,2018

FOOD CORPORATION OF INDIA Appellant
VERSUS
Surat Ram Khadaria And Sons Respondents

JUDGEMENT

PRASANTA KUMAR DEKA,J. - (1.) Heard Mr.P.K.Roy, learned counsel appearing for the appellants and Ms. M. Hazarika, learned Senior Counsel assisted by Ms.R.Sarma, learned counsel appearing for the respondents.
(2.) The present appellants are the defendants in Title Suit No. 9/2003 preferred by the plaintiffs respondents, a registered partnership firm wherein an amount of Rs. 33,62,100/- sought to be recovered from the defendants appellants by way of damages. The plaintiffs respondents own two godowns which were let out to defendants appellants being the Food Corporation of India(FCI), a statutory body and its officials in the year, 1978 upon execution of lease deeds at monthly rent of Rs.7,336/-. The said lease deeds expired on 1.2.1987 and 26.4.1987 for the two godowns. Inspite of expiry of the terms of the lease deeds the defendants appellants continued to occupy upon the assurance given to the plaintiffs respondent for enhancement of the monthly rent which was agreed to be paid at the time of execution of fresh lease deeds.
(3.) The plaintiffs respondents in the pleading states that though there were internal correspondence amongst the officials of the FCI, but the executing officials viz. defendant Nos. 3 and 4 failed to comply with various correspondence both internal and the one made by the plaintiffs respondents and accordingly delayed the matter without there being any fault on their part. The plaintiff respondents though proposed various proposals to come to a negotiated settlement fixing the enhanced rent but owing to the lack of coordination amongst officials of FCI they were forced to suffer loss. Notices from Advocate were also issued to vacate the tenanted premises on failure, to file suit for ejectment of the defendants appellants but they remained unmoved. Belatedly the FCI through its officials accepted their demand and settled the enhanced rate of rent. For negligence of the defendants appellants the plaintiffs respondents were put to the loss of Rs. 33,62,100/- and so prayed for the decee for compensation alongwith interest accrued thereon.;


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