SOUMENDRA KUMAR DUTTA Vs. SRIDHAR JEW

JUDGEMENT

(1.) This is an application by the plaintiff for an injunction restraining the defendant No. 9 from constructing or continuing the construction on the eastern portion and courtyard of the Premises No. 89, Burtolla Street, in Calcutta, within the said jurisdiction. According to the plaintiff, the plaintiff is the owner of an undivided 1/4th share of the said premises. The defendant No. 10 is also the owner of an undivided 1/4th share and the defendant No. 1 is the owner of an undivided ? share of the said premises. The defendant Nos. 2 to 8 are sebaits and/or trustees to the said estate of the defendant No. 1.

(2.) The defendant No. 9 is the lessee under a instrument of lease of the eastern portion of the said property for a period of 50 years with the option to extend the same for a further period of 25 years. The defendant No. 9, according to the plaintiff, has been causing constructions to be made on the eastern portion of the said property to the detriment and prejudice of other co-owners including the plaintiff.

(3.) It must be noted that the other co-owner apart from the plaintiff even if the property be joint, is the defendant No. 10. The defendant No. 10 is not objecting to the said construction and as a matter of fact is supporting the case of the defendant Nos. 1 to 9.