( 1 ) THIS application is at the instance of the petitioners M/s. Dutta and Associates, a partnership firm and one of the partners of the said firm Shri Gour Pada Dutta challenging the legality and validity of the notice issued under Section 106 of the Transfer of Property Act determining the lease in favour of the respondents Nos. 6 and 7 Shri Om Prakash Agarwall and Shri Ajit Kr. Agarwall, subsequently transposed as petitioners, granted by the Government in respect of the Tea Garden named Rungneet Tea Estate (Darjeeling) as well as the notice intimating that possession of the said tea garden has been taken over by the Collector, Darjeeling with effect from 15th of April, 1981 on the failure of the lessee to execute long term lease on payment of the Government dues by 14th April, 1981 as required in the said notice under Section 106 of the T. P. Act. The challenge was thrown on the ground that the notice of termination issued under Section 106 of the T. P. Act was not in accordance with law and as such it did not terminate the lease in favour of the petitioners' vendors and/or assignors, the respondent Nos, 6 and 7 (the transposed petitioners) and the notic