TAPAN KUMAR MITRA Vs. DEBABRATA MUKHERJEE

JUDGEMENT

(1.) This appeal is directed against the order dated 18th January, 2013 of the City Civil Court in Title Suit no. 2015 of 2009.

(2.) The brief facts of the present appeal are as follows:-

(3.) The Respondent no. 1 has filed Title Suit no. 2015 of 2009 before the Small Cause Court on 28th April, 2009. The Respondent no. 1 has sought a declaration from the City Civil Court that he is a lawful sub-tenant of Arup Guha, i.e., Respondent no. 2 herein. A declaration that the order passed by the Small Cause Court in S.C.C. Suit no. 655 of 2003 on 9th April, 2009 in proceedings under Section 41 of the Presidency Small Cause Courts Act is not binding the Respondent no. 1 and is void ab initio has also been prayed for. Respondent no. 1 has further sought an injunction restraining the appellants from executing the order passed by the Small Cause Court.