KRISHNA INVESTMENT CO LTD Vs. PARAMESHWARI DEVI LOHIA

JUDGEMENT

(1.) The caveat having been lodged in each case, the revisional applications in C.O.No.42 of 1985 and C.O.No.43 of 1985 have been taken up analogously for contested hearing for the convenience of the parties as the same question is involved in both the cases.

(2.) In C.O. No.42 of 1985, the order dated 7-11-84 passed by the learned Additional District Judge 1st Court, Howrah in Misc. Appeal No.50 of 1984 has been challenged. Similarly in C.O.No.43 of 1985, the order dated 7-11-84 passed by the learned Additional District Judge 1st Court Howrah in Misc. Appeal No. 49 of 1984 has been challenged.

(3.) The facts leading to the filing of the present revisional applications are as follows :- The petitioner Sri Krishna Investment Co.Ltd.. of C.O.No.42 of 1985 as plaintiff filed Title Suit No. 52 of 1984 in the 4th Munsif Court, Howrah against its tenant Smt. Parameshwari Devi Lohia and also the Chairman, Howrah Municipality in respect of the suit premises of that Title Suit for a decree of declaration that the suit premises were let out for residential purpose and for injunction to restrain the defendant from dismantling the walls of the rooms for running a hotel business and filed a petition for temporary injunction for restraining Smt. Parameshwari Devi Lohia from converting two rooms in the suit premises into one room by dismantling the walls and opening a hotel therein and for restraining the Chairman, Howrah Municipality from issuing trade licence to Parameshwari Devi Lohia to open the hotel business. Similarly Sri Krishna Investment Co.Ltd., filed Title Suit No. 51 of 1984 against its tenant Biswanath Poddar for similar relief in respect of the suit premises of that suit in the same Munsif Court and filed also a petition for temporary injunction for similar type of relief in Title Suit No. 52 of 1984.