(1.) Reference of this matter to this Bench has been made under extraordinary circumstances.
(2.) The plaintiffs are the appellants. The plaintiff No. 3 is an Association of Shop-keepers of A.C. Market registered under the West Bengal Societies Registration Act, 1961. The owner of said market is the defendant No. 1. The other 2 plaintiffs are the shopkeeper-tenants under the defendant No. 1.
(3.) The defendant No. 1 constructed a multi-storied buildings and converted the upper and lower basements as well as the ground and part of the first floor thereof in a market in the year 1972 known as "Air-Condition Market". The said market is a certrally air-conditioned one wherein 206 shops exist.