SATI RANI SEN Vs. INDIAN STANDARD CASTING CO

JUDGEMENT

(1.) Leave granted. We have heard learned counsel for the parties.

(2.) This appeal by special leave arises from the order of the learned Single Judge of the High court of Calcutta, made on 14/10/1996 in CO No. 2514 of 1995. The present position appears to be that the Premises No. 31, Raja Santosh Road, Alipore, Calcutta is the subject-matter of the suit. M/s Indian Standard Casting Company filed Suit No. 86 of 1990 on the file of the IVth Additional District Judge, Alipore. Therein, they had claimed that they were duly inducted by the 2nd respondent, M/s Metal Box India Ltd. as a tenant and, therefore, they have leasehold right in the premises. Similarly, the appellant filed Suit No. 435 of 1990 on the file of the learned IIan Munsif, Alipore. Therein, the appellant claimed that M/s Metal Box India Ltd. is the tenant and the first respondent has no manner of interest or tenancy right therein as against the appellant. Admittedly, both the suits are pending. In Suit No. 86 of 1990, the trial court passed an order on 14/7/1990 directing that status quo be maintained and also given ad interim injunction restraining the appellant from disturbing the possession of the first respondent. Admittedly, the said order is still in operation. While the proceedings were pending, the appellant filed another suit bearing No. 66 of 1993 on the file of the learned lind Munsif Judge wherein the appellant impleaded only M/s Metal Box India Ltd. as the sole defendant and had an ex parte decree. In execution thereof, the possession was taken on 23/5/1995.

(3.) The first respondent, viz. , Indian Standard Casting Co. filed an application under Order 21, Rule 90 read with Section 151 Civil Procedure Code in Suit No. 66 of 1993 stating that he is having lawful possession and cannot beunlawfully dispossessed in execution of the decree dated 4/1/1995. Though the first respondent filed an application under Order 39, Rules 1 and 2 Civil Procedure Code but in substance, it is one under Section 144 Civil Procedure Code for restitution of the possession by virtue of the order of the status quo granted on 14/7/1990. The said application was ordered which is the subject-matter in this appeal.