SOUMITRA DEY Vs. ANIMA DEY

JUDGEMENT

(1.) This First Miscellaneous Appeal is directed against an order being Order No.3 dated 6th August, 2011 passed by the learned Judge, 12th Bench, City Civil Court at Calcutta in Title Suit No. 1504 of 2011 at the instance of the defendant no.1/appellant.

(2.) The plaintiff and the defendant no.1 are closely related to each other. In fact, the defendant no.1 is the younger son of the plaintiff. The proforma defendant no.5 is the eldest son of the plaintiff. The plaintiff filed this suit praying for declaration that the plaintiff is the proprietor of the business carried on under the name and style of M/s. Ramendranath Jagabandhu Dey situated at premises No.106, Pandit Purusattam Roy Street, Calcutta-700007 and she is also a lawful tenant in respect of the suit shop room described in the schedule of the plaint under the defendant nos. 2, 3 and 4.

(3.) The plaintiff has also prayed for a decree for permanent injunction for restraining the defendant no.1, his men, agents and associates from obstructing and/or interfering with the peaceful possession of the plaintiff in respect of the said suit shop room and/or from disturbing the plaintiff in smooth running of her business in the said shop room under the name and style of M/s. Ramendranath Jagabandhu Dey in any way whatsoever.