SANDIP BANERJEE Vs. NIL MADHAB MAJILYA

JUDGEMENT

(1.) The grievance of the defendants, in a suit where the plaintiff has claimed a declaration as to tenancy in respect of a commercial property in Memari, is that the trial court has issued a mandatory injunction for the plaintiff to obtain possession of the suit premises which, according to the plaintiff, had been forcibly taken possession of by the defendants by putting a padlock at the main entrance to the suit premises after the institution of the suit.

(2.) The suit was instituted in the year 2013 and an ad interim interlocutory order was obtained by the plaintiff by which the petitioners herein were restrained from disturbing the plaintiff's possession of the suit premises. The injunction was for a limited duration and it was not extended on January 2, 2014 upon the defendants resisting the same and the trial court recording a tentative view in the order dated January 2, 2014 that the tenancy agreement between the parties had expired on December 31, 2013.

(3.) The plaintiff has preferred an appeal from the order dated January 2, 2014 but, according to the defendants, the plaintiff has not taken any steps to prosecute such appeal.