SUJIT PAL Vs. PRABIR KUMAR SUN

JUDGEMENT

(1.) This is an application for an interim stay of operation of the order No.18 dt. July 4, 1985 of the learned Judge, 9th Bench, City Civil Court, Calcutta, passed in Title Suit No. 887 of 1985. By the said order, the learned Judge has allowed the application of the plaintiff-opposite party for a temporary mandatory injunction directing the defendant-petitioner to forthwith open the padlock put on the main entrance door of the suit premises and restore the possession thereof to the plaintiff-opposite party. The Officer-in-charge of the Shyampukur Police Station has also been directed by the learned Judge to take steps for enforcing the said order and to see that no breach of peace takes place in giving effect to the order.

(2.) The plaintiff-opposite party has instituted the said suit, inter alia, praying for a declaration of his tenancy right in respect of a room of premises No. 2, Shibdas Bhaduri Street, Calcutta-4 and for a permanent injunction restraining the defendants from interfering with the possession of the opposite party of the said room. It is the case of the opposite party that he has been a tenant of the said room, and that the defendants had been trying to interfere with his possession of the same.

(3.) The opposite party made an application for a temporary injunction and the learned Judge passed an order of interim injunction restraining the defendants from interfering with the possession of the opposite party of the said room. Despite the interim injunction granted by the learned Judge, the defendants including the petitioner in violation of the said order of interim injunction forcibly dispossessed the opposite party from the suit premises.