HARISH CHANDRA JAISWAL Vs. RAM CHANDRA SHAW

JUDGEMENT

(1.) GA 2 of 2020 is filed by the plaintiff, praying for judgment on admission.

(2.) Contention of the plaintiff in the application is that, one M/s. Prakash Brothers, a partnership firm being represented by two partners Laxmi Prasad Gupta and Om Prakash Gupta was defendant in the premises no. 192 Vivekananda Road, Kolkata, 06. Since the said partnership firm defaulted in payment of rent, the present plaintiff as well as the defendant nos. 3 and 5 filed one Ejectment Suit in the City Civil Court wherein, the Learned 4th Bench passed decree in favour of the plaintiff on 7/4/2008. In course of execution proceeding, possession was handed over to the present plaintiff on 26/10/2009. On 30/6/2019, the plaintiff found that the gate of the suit property had been broken and same was occupied by the defendant no. 1 and 2. The plaintiff instituted the suit against the defendant nos. 1 and 2, praying for recovery of possession.

(3.) The defendant nos. 1 and 2 herein filed written statement wherein, according to the plaintiff, it is averred that defendant nos. 1 and 2 are partners of M/s. Prakash Brothers, the partnership firm, against whom the decree was passed by the City Civil Court. It is contended by the plaintiff that defendant nos. 1 and 2 were never partners with M/s. Prakash Brothers. At the same time, it is pleaded that since the present defendant nos. 1 and 2 claim to be in the possession of the suit property by virtue of being partners of M/s. Prakash Brothers, they cannot be allowed to remain in the suit property in view of the decree dtd. 7/4/2008, being an eviction decree that was passed against the partnership firm.