Chittatosh Mookerjee, J. - (1.) Braithwaite & Company Limited, which was the defendant No. 2 in the Court below has preferred this appeal against the judgment and decree passed by the learned Subordinate Judge, 4th Court, Alipore, 24 Parganas, passed in favour of the plaintiff-respondent for recovery of possession of Flat No. 12A with fittings and fixtures, a servant'a quarter and a garage in premises, Lansdowne Court, being No. 5B, Sarat Bose Road, P. S. Bhawanipore and also for recovering mesne profits.
(2.) M/s. R. P. Agarwalla & Bros. Private Limited, the plaintiff-respondent as the Trustee to the Estate of Miss Madavi Agarwalia (Minor), had instituted the said suit originally against the defendant No. 1, Braithwaite & Company (India) Limited, inter alia, on the allegation that by virtue of a registered Deed of Sale dated 19th September, 1972 executed by M/s. Property Development Trust Private Limited, the plaintiff" had become the sole and absolute owner of the said Flat No. 12A with fittings tad fixtures, a servant's quarter and garage No. 26 with fittings and fixtures on the ground floor of the said building, Lansdowne Court. The said M/s. Property Development Trust Private Limited had prepared a scheme to build and construct the said multistoried buidling consisting of 28 residential flats with furniture, fittings and fixtures, servants' quarters garage upon the Municipal Premises No. 5B, Sarat Bose Road. The plaintiff's further case was that said M/s. Property Development Trust Pvt. Ltd. by a unregistered lease dated-1st February, 1955 executed between the said company and the defendant No. 1 had purported to demise to the defendant for a term of 25 years the suit property subject to the terms and conditions set out in the said lease deed. The plaintiff claimed that due to its non-registration the said lease was inoperative in law and the term of the said purported lease had also expired on 31st January, 1980. On the expiry of the said term the defendant was not entitled in law and equity to any right to occupy the suit property and was in wrongful occupation of the same from 1st February, 1980. The plaintiff had called upon the defendant to vacate the suit property but the defendant had failed to comply with the same. The plaintiff also had claimed recovery of mesne profits from the defendant at the rale of Rs. 300/- per diem from 1st February, 1988.
(3.) The Central Government had previously taken over the management of the undertakings of Braithwaite & Company (India) Limited in terms of section ISA of the Industries Development and Regulation Act, 1951. Thereafter, the Indian Parliament enacted the Braithwaite & Company (India) Limited (Acquisition and Transfer of Undertakings) Act, 1976. On and from the appointed day (i.e., 1st April, 1975) the undertakings of the said Company and its right, title and interest, by virtue of the said Act, stood transferred to and vested in the Central Government. Mr. Dutt, learned Advocate for the appellant, has drawn our attention to the general effect of vesting contained in sub-section (1) of section 4 of the said Act. As a result of the said vesting all assets, rights, leaseholds, powers authorities and privileges and all property, movable and immovable including lands, buildings, workshops, stores, instrument, machinery, equipment, cash balances, cash in hand, reserve funds, investments, book debts and all other rights and interest or arising out of such property as were immediately before the appointed day in the ownership, possession, power or control of the company stood transferred and vested in the Central Government. In exercise of its powers under section 6 of the said Act the Central Government had vested the said undertaking of the said Company in the appellant which was a Government Company. With effect from the date of such vesting the appellant had become the owner in relation to the said undertaking and all rights and liabilities of the Central Government had deemed to have become the rights and liabilities of the appellant company.;