A. M. AHMADI, SUHAS C. SEN, SUJATA V. MANOHAR
Bharat Coking Coal LTD. – Appellant
Versus
Madanlal Agrawal – Respondent
JUDGMENT
S.C.SEN, J.
(1) THIS appeal arises out of a .suit instituted by one Madanlal Agrawal for eviction of Bharat Coking Coal Limited from land and buildings allegedly owned by him adjacent to the coal mine known as Victory Colliery, which had vested in the central government by virtue of the Coal Mines (Nationalisation) Act, 1973. Victory Colliery was owned by United Mining Company Private Limited. The case of the appellant is that the company was practically a one-man company. If the corporate veil is lifted, it will be found that Madanlal Agrawal was de facto owner of the company. Madanlal Agrawals case is that he had in his individual capacity purchased certain properties together with structures thereon by registered deeds of sale dated 7/7/1949 and 24/3/1950 and built further structures and remodelled them. The United Mining Company Private Limited took these structures on monthly rent. These structures were utilised as office premises of Victory Colliery as also staff quarters. Eviction was sought for non payment of monthly rent for several years.
(2) BHARAT Coking Coal Limited in its written statement alleged that the said properties were bou
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