SAMBHUNATH MITRA Vs. KHAITAN CONSULTANT LTD

JUDGEMENT

(1.) These three first appeals were heard analogously as those are interlinked and are preferred against a common judgment dated February 27, 2003 passed by the learned Judge, 11th Bench, City Civil Court at Calcutta, in Title Suit No. 3099 of 1996 and Title suit No.347 of 1997 which were heard analogously. By the said judgment, the learned Trial Judge dismissed Title Suit No. 3099 of 1996 and decreed Title Suit No. 347 of 1997 thereby passing a decree for khas possession by evicting the defendants of the said suit from the suit premises. The plaintiff of Title Suit No. 347 of 1997 was further given a decree for mesne profit to be adjudicated in separate proceedings. By the said decree, the defendants were directed to vacate the suit premises within two months from the date of passing of such decree.

(2.) Being dissatisfied with the aforesaid two decrees, the present three appeals have been filed.

(3.) F. A. T. No. 798 of 2003 is at the instance of the defendant No. 3 in Title Suit No. 347 of 1997 against the decree for eviction. F. A. T. No. 1195 of 2003 has L,een preferred by defendant Nos. 1 and 2 in Title Suit No. 347 of 1997 agamst the judgment and decree passed in the said suit. The other first appeal being F. A. T. No. 1132 of 2003 has been taken by plaintiffs in Title Suit No. 3099 of 1996 being dissatisfied with the judgment and decree by which the said suit was dismissed.