LAHPOHIA TEA COMPANY PRIVATE LIMITED AND 2 ORS Vs. UNION OF INDIA AND ANR
LAWS(GAU)-2018-8-101
HIGH COURT OF GAUHATI
Decided on August 27,2018

Lahpohia Tea Company Private Limited And 2 Ors Appellant
VERSUS
Union Of India And Anr Respondents

JUDGEMENT

Kalyan Rai Surana, J. - (1.) Heard Mr. G.N. Sahewala, learned Senior Counsel assisted by Ms. S. Katakey, learned counsel for the appellants. Also heard Mr. S. C. Keyal, learned Assistant Solicitor General of India appearing for the respondent.
(2.) By RFA No.70/2014 filed under section 96 CPC, the appellants have challenged the judgment and decree dated 21.06.2014 passed by the learned Civil Judge, Jorhat in M.S. 35/2011, by which the suit filed by the respondents was decreed. By RFA No.69/2014, filed under section 96 CPC, the appellants have challenged the same judgment and decree in so far it relates to the dismissal of the counter-claim filed by the appellants-defendants.
(3.) The case of the respondents in the plaint is that a part of the land of M/s. Lohpohia Tea Estate was acquired by the Government of India, Ministry of Defence and since its acquisition, the said land became part and parcel of the Defence land, which was under the control and ownership of the Indian Air Force and the adjoining area was used as a Defence Air Force Station. During the period from 1996 to May 2002, a part of the suit land was given on lease to M/s. Degubber Tea Estate and the Lease Agreement dated 01.06.2001 was for a period from 01.06.2001 to 31.05.2002, as per which 10.39 Hectares land as well as 2.50 Hectares of land located inside the Air Force boundary was leased out at the annual lease rent of Rs.5,30,500/-. The respondents were entitled to a payment of Rs.5,000/- per month as maintenance cost as per the clauses of the said agreement. As per clause 6 of the said agreement, the lease was for a period of 1(one) year commencing from 01.06.2001.;


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