LAKSHMI JAISWAL Vs. SANJAY JAISWAL & ORS.

JUDGEMENT

(1.) - This appeal is directed against a judgment and order dated 27th March, 1998 passed by a learned single Judge of this Court in Writ Petition No. 24097(W) of 1997 whereby and where under the writ application filed by the respondents herein was allowed.

(2.) The basic fact of the matter is not in dispute. The case made out by the writ petitioner-respondents was as follows :

(3.) Premises No. 12, Hut Lane was originally owned by Kartick Chandra Mallick and others (Mallicks). One Lakshmi Debi was a tenant in respect of the said premises. She inducted sub-tenants, Mallicks instituted a suit against Lakshmi Debi marked as Title Suit No. 309 of 1993 which was decreed in terms of a compromise petition which formed part thereof wherein allegedly Lakshmi Debi admitted that she was a monthly tenant under them and surrendered the tenancy in their favour. Mallicks' names were thus, recorded as owners in respect of the said premises in the Howrah Municipal Corporation records.