METRO MARINS Vs. BONUS WATCH COMPANY PRIVATE LIMITED

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) Leave granted.

(3.) Appellant herein questions the correctness of an order made by the Appellate Bench of the High Court at Calcutta which by the impugned order set aside the order made by a learned single Judge on the original civil jurisdiction of that Court in G.A. No. 682 of 1999 in C.S. No. 99 of 1999. Brief facts necessary for the disposal of this appeal are as follows :- The respondent herein filed a suit for possession alleging the appellant herein to be a licensee and the period of licence having expired he was entitled to a decree for khas possession of the suit schedule property as also for certain other ancillary reliefs. In the said suit he filed an interlocutory application, firstly praying for a judgment on admission and in the alternative for an injunction directing the appellant herein to immediately hand over vacant and peaceful possession of the suit schedule property premises to the respondent-plaintiff. The learned single Judge who heard the said application came to the conclusion that he did not find any reason to pass a decree on admission or to grant interim mandatory injunction directing the appellant-defendant to hand over possession of the flat in view of the fact that the suit was still pending in the Court and granting of such relief would tantamount to a decree before trial for which the respondent has not made out a case.