MD ASHFAQUE HUSSAIN Vs. AZIM AHMED & ORS

JUDGEMENT

(1.) This first miscellaneous appeal is directed against an order being No. 5 dated 8th April, 2015 passed by the learned 9th Bench, City Civil Court at Calcutta in Title Suit No. 190 of 2015 at the instance of the plaintiff/appellant.

(2.) By the impugned order, the defendant/respondent no.1 was permitted to raise construction in the suit property in accordance with the sanctioned plan of the Kolkata Municipal Corporation. However, the defendant/respondent no.1 was restrained by an order of temporary injunction from handing over or transferring150 sq.ft. space in the under construction building to any third party till the disposal of the suit. Such restriction on transfer was imposed upon the defendant/respondent no.1 as the learned Trial Judge found that the plaintiff/appellant has been able to prove his tenancy right in respect of a room measuring about 150 sq.ft. in the then existing building. Learned Trial Judge found that the inducting landlord viz., Nazim Ahmed Khan along with two others subsequently transferred the entire premises to the defendant/respondent no.1 who is now developing the said property by constructing a multistoried building after obtaining a sanctioned plan from the Municipal authority and also after making negotiation with 32 other tenants of the said premises.

(3.) Since the interim relief by way of injunction was not granted in favour of the plaintiff in the manner it was prayed for, the plaintiff is aggrieved. Hence the plaintiff has come before this Court.