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 bought with the moneys belonging to the colliery and as such the land and the structures really belonged to the company. The alleged payment of rent by Victory Colliery to Madanlal Agrawal was only a paper transaction and for tax benefit. All the purchases were made by United Mining Company and sources of investment came from the funds of the said company.

(3) IT may be mentioned that even before the Coal Mines (Nationalisation) Act came into force on 1/5/1973. the management of Victory Colliery along with the disputed properties were taken over by the central government on 1/1/1973. No objection was taken thereto by the plaintiff. It was only on 1/1/1976 the plaintiff issued a legal notice to the appellant to vacate the suit premises and to pay arrears of rent from January 1973 till the filing of the suit. Title Suit (T.S. No. 7/6 of 1976 for eviction was filed on 2/2/1976. On 21/5/1979, the 1st Additional Subordinate Judge dismissed the suit with costs. The respondent preferred an appeal against the judgment and decree passed by the trial court. It was allowed by the division bench of the Patna High court. The High court was of the view that the right, title and interest in the suit premises had not vested in the central government. Bharat Coking Coal Limited in respect of the suit premises was a tenant under Madanlal Agrawal. Since it had defaulted in payment of rent for the period from January 1973, it was liable to be evicted from the suit premises. Therefore, the respondents suit was decreed. A further direction was given to pay the arrears of rent to the tune of Rs. 66,000.00 and mesne profits.

(4) THE trial court on examination of the facts came to the conclusion that there was no relationship of landlord and tenant between the plaintiff and the defendant. It found that Bharat Coking Coal Limited was maintaining the said premises since vesting of Victory Colliery in the central government. The cost of repairs, electricity and water charges in respect of the suit premises were to be borne by the United Mining Company on behalf of the colliery before its nationalisation. Madanlal Agrawal, the plaintiff stated in the cross-examination that he was the director of the United Mining Company. The other director was his own brother. He also stated that he had got the account books to prove that he purchased the suit premises out of personal funds but he did not file the same. He also stated that the company used to pay rent of the suit property but he did not produce the rent receipts. He also admitted that he could not say when he constructed the house and what was the total cost. The expenses of electricity and water connections in the suit properties were paid by the United Mining Company. He admitted in the cross-examination that the