MUKTIPADA SARKAR Vs. H K MALLICK AND CO

JUDGEMENT

(1.) Plaintiff in Title Suit No. 15 of 2003 pending before the 5th Bench of the City Civil Court at Calcutta is the appellant in this first miscellaneous appeal. He is aggrieved by Order No. 13 dated 13th June, 2003 passed in the suit. By the impugned order his application under Order 39 Rules 1 and 2 read with sections 94 and 151 of the Code of Civil Procedure, which was contested by the respondent No. 1 (the defendant No. 1 in the suit), was dismissed by the learned Judge.

(2.) With effect from 1st August, 1973 the respondent No. 1 (a registered partnership firm) let out to the respondent No. 2 (a private limited company) a one room suite with one bathroom and kitchen (hereinafter referred to as "the suit property"). It is located at the North-East back portion of the ground floor of premises No. 2, Auckland Place, Calcutta- 700 017. The tenure of the tenancy was 21 (twenty-one) years, that is, the date of expiry of the lease creating the tenancy was fixed for 31st August, 1994.

(3.) In 1994 the respondent No. 2 filed Title Suit No. 3310 of 1994 in the City Civil Court at Calcutta. By this it prayed for a declaration that it was a monthly tenant under the respondent No. 1 in respect of the suit property, and the lease dated 24th September, 1994 was liable to be cancelled. In this suit the respondent No. 1 was impleaded as the sole defendant.