M/S. KOTHARI PLANTATIONS & INDUSTRIES LTD Vs. DAKSHINPAT SATRA AND OTHERS

JUDGEMENT

(1.) THIS is an application under Section 115 of the Code of Civil Procedure and has been made on behalf of the defendants. The facts of the case in brief are as follows: -

(2.) THE plaintiffs brought Title Suit No. 21 of 1971 in the Court of Assistant District Judge. Upper Assam District at Jorhat, for eviction of the defendants and recovery of compensation for use and occupation of the suit property and for appointment of a receiver. There are three plaintiffs. Plaintiff No. 1 is a religious and monastic institution known as Dakshinpat Satra. plaintiff No. 2 is the Satradhikar of the said Satra and Plaintiff No. 3 is a lessee of plaintiffs Nos. 1 and 2 in respect of the suit property. The defendants are a company known as M/s. Kothari Plantations and Industries Ltd. with its registered office at Calcutta, who will hereinafter be called the defendants. The suit property is a Tea Garden.

(3.) IN reply to the said notice the defendants claimed Occupancy Right over the suit land, and then filed Title Suit No. 19 of 1970, (renumbered as T. S. 39 of 1970) against the plaintiffs for declaration of their occupancy right and also for permanent injunction. They have obtained an order of interim injunction restraining the plaintiffs from interfering in their possession of the suit property.