Ghose, J. - (1.) This appeal is directed against an order dated December 15, 1997 whereby the Hon'ble First Court held that the order dated 7th February, 1991 passed by the Learned District Judge, Dhubri, Assam is of no effect and the same was set aside. His Lordship was further pleased to appoint and directed the Official Liquidator as the Receiver over the tea garden to take symbolic possession of the tea garden and the appellant company was given liberty to run the blisiness of the tea garden under the Official Liquidator. The appellant was directed to furnish Accounts month by month. On 10th February, 1998 this appeal has been filed and was admitted from the said order.
(2.) Facts of the case briefly are as follows:- One Hillmen's Tea & Trading Co. Ltd. on 20th March, 1961 sold Maijonga Tea Estate (hereinafter referred to as the said tea garden) to one Sharma and in turn they sold the said tea estate to one Kamini Tea Co. Pvt. Ltd. in 1975. Thereafter, Kamini Tea Co. Ltd. sold the said tea garden to Rafiulla being the appellant herein in 1975. In or about 1981 Nepal Chandra Banik, one of the Directors of the said Hillmen's Tea claimed to have become the majority shareholder of the said Hillmen's Tea & Trading Co. Ltd. (hereinafter referred to as the Hillmen). The said Hillmen instituted a title suit being Title Suit No. 17 of 1982 before the Assistant District Judge. Dhubri, Assam against the said Rafiulla and others inter alia for declaration that no right title and/or interest in Maijonga Tea Estaie had been created in favour of any third party and also prayed for a decree for recovery of possession in respect of the said Maijonga Tea Estate.
(3.) The said Title Suit was transferred from the Court of the Assistant District Judge, Dhubri to the Court of the District Judge, Dhubri and was renumbered as Title Suit No. 4 of 1983. An ex-parte decree was passed on 2nd March, 1983 and was executed and the Hillmen's took the possession of the said Tea Garden. On 28th September, 1983 on an application of the Rafiulla the decree was recalled and by an order dated 16th July, 1984 Rafiulla was put back into the possession.;