IN THE HIGH COURT OF GAUHATI
Amitava Roy, J.
Bibhu Charan Barua - Appellants
Vs.
Nani Gopaldeva Goswami and Ors. - Respondent
Decided On: 16.08.2007
Civil Procedure Code - Rule 29 - Order 21 - Specific Relief Act, 1963 - Section 6 - Challenge to the order – Evidence – Acquittal - Being aggrieved he instituted Title Suit Court of Civil Judge Jordan under Section 6 of the Specific Relief Act praying for a decree for recovery of possession of tea estate said contested suit by filing his written statement and adduced evidence – Held, Significantly before holding in favors of prayer for injunction learned court below did not at all examine impact of judgment and decree passed in Title issue - It also omitted to notice ratio in - It overlooked that order of injunction if granted would have potential of rendering decree in earlier suit otiose - Impugned order in Misc Case is evidently an upshot of order of injunction granted in suit - In terms of decree in Title Suit appellant petitioner is entitled in law to possession of tea estate - Non-delivery thereof by respondents/Opposite parties is in contravention of directions contained therein - Unless very formidable and weighty considerations exist any order having an effect of postponing mandate of decree cannot receive judicial imprimatur - Impugned orders fail to appreciate same - While it is perceivable that annulment of impugned orders would pave way for execution of decree and eventual assumption of possession of tea estate by appellant petitioner same in teeth of judgment and order in Title Suit is an unavoidable consequence envisaged by law -Petition allowed
Amitava Roy, J.
1. Whereas the appeal registers a challenge to the order dated 9.4.2007 passed by the learned Civil Judge (Senior Division), Jorhat in Misc (J) Case No. 102/2007 arising out of Title Suit No. 1/2007 granting ad interim injunction in favour of the respondents/plaintiffs restraining the petitioner, his men, agents etc. from dispossessing them (respondents-plaintiffs) from the suit property pending disposal of the suit, the revision petition is directed against an order of the same date passed in Misc (J) Case No. 4/2007 registered on an application filed under Order 21, Rule 29 of the Code of Civil Procedure (hereinafter referred to as the 'Code') in Title Execution Case No. 1/2007 by the respondent-plaintiff, thereby staying the proceeding till disposal of the aforementioned suit. By the said order, the application under Section 47 of the Code submitted for stay of the execution proceeding by the Opposite party/judgment debtor was also allowed.
2. Misc Case No. 1916/2007 is registered on an application under Order 41, Rule 5 read with Section151 of the Code filed by the appellant/petitioner seeking suspension of the order dated 9.4.2007 passed in Misc (J) Case No. 1/2007. The parties being the same, the subject matter common and the issue seeking determination by this Court being co-related, the appeal and the revision petition were taken up analogously and a common order would essentially dispose of the same.
3. The facts comprising the background of the present litigations have to be stated. The petitioner claims to be engaged in the business of tea plantation. The Jogibheta Tea Estate situated at Mouza-Pollogapara, P.O. Chengajan in the district of Jorhat (hereinafter referred to as the 'tea estate') belongs to the Dakhinpat Satra, Majuli and is a Devottar property administered by its Satradhikar who represents the interest of the Satra and its properties for all intents and purposes. The tea estate was taken on lease for a period of 30 years with effect from 1.1.1965 by the appellant/petitioner along with three others on the strength of a registered deed of lease. The term of the above lease expired on 31.12.1995. According to the petitioner, thereafter the then Satradhikar Sri Sri Ramananda Deva Goswami agreed to lease out afresh the tea estate to him on annual rent for a period of 15 years with effect from 1.1.1996. Execution of the registered lease deed in favour of the petitioner in due time was also assured. Pending execution thereof, the petitioner claims that he was put in possession of the tea estate and was allowed to manage and administer its garden as a lessee of the Satra upon payment of the lease rent. The petitioner has insisted that he duly took over the possession of the tea estate on 1.1.1996 on the condition of paying lease rent which was initially fixed at Rs. 1,50,000/- only per annum and has since then been administering the same as a lessee under the aforenamed Satra. Inspite of his repeated requests to the Satradhikar the lease deed, however, was not executed, though the latter accepted the lease rent from him by issuing receipts acknowledging him as the lessee in respect of the tea estate. On the demise of the Satradhikar Sri Sri Ramananda Deva Goswami the execution of the lease deed got further delayed and the same remains pending as on date. The appellant/petitioner has alleged that towards the end of the year 2003 the Tea Industry in general, witnessed a slump plunging it into a deep financial crisis affecting all tea gardens in the State resultantly prompting the State authorities to initiate various measures to retrieve the industry. Being similarly caught in the vertex the petitioner was compelled to defer the payment of labour wages and other statutory dues in the tea estate. A labour unrest surfaced, a common phenomenon which then plagued all small tea growers including the tea gardens selling green tea leaves. The petitioner has alleged that by exploiting the situation t
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