Judgment

S.C. AGRAWAL, J.

(1) LEAVE granted.

(2) THIS appeal raises the question whether Terai Tea Company Pvt. Ltd., respondent 11 herein, is entitled to be impleaded as a party (defendant) in E.O. Suit No. 1 of 1985 pending in the Calcutta High court.

(3) THE subject-matter of the dispute between the parties is Dharanipur Tea Estate situate in District Jalpaiguri in West Bengal. One Dhirendra Nath Bhowmick (deceased) had obtained the lease of the land of the said tea estate from the government of West Bengal. The said lease was for a term of thirty years commencing from 27/10/1964. The New Red Bank Tea Co. Pvt. Ltd., appellant 1 owns the Red Bank Tea Estate and Surendra Nagar Tea Co. Pvt. Ltd., appellant 2 herein, owns the Surendra Nagar Tea Estate. Dhirendra Nath Bhowmick and his wife, Smt Reba Bhowmick, respondent 3 herein, were having controlling block of shares in both these companies.

(4) ON 16/03/1977, Dhirendra Nath Bhowmick granted a sub-lease for the Dharanipur Tea Estate in favour of appellant 1. By virtue of his control over appellants 1 and 2, Dhirendra Nath Bhowmick was the Managing Director of the said two companies and the