JYOTI LAL ADHIKARI Vs. SMRITIKANA GHOSH

JUDGEMENT

(1.) The legality, propriety and validity of the Order No. 110 dated 17th June, 1994 passed by the 3rd Assistant District Judge at Alipore allowing the application filed by the plaintiff/opposite parties respondent is called in question in this revisional application.

(2.) The opposite parties-plaintiffs fled the title Suit No. 260/83 for ejectment of the revision petitioner F.D. Stewart Pvt. Ltd. It is claimed by the petitioner that the opposite parties-plaintiffs had suppressed the summons of the suit and when if came to the notice of the petitioner about such salt the petitioner F.D. Stewart Pvt. Ltd. filed a suit for declaration that the petitioner is a lawful tenant under the opposite parties, in Title Suit No. 80/1994, and also made an application in the suit filed by the opposite parties for being added as a defendant therein. The petitioner, was, however, impleaded subsequently as a defendant in the suit filed by the opposite parties.

(3.) It is claimed by the opposite parties-plaintiff that there is a Nursery School functioning in the first floor of the building whereas the salt property is situated on the ground floor. Thus, the plaintiff-opposite parties filed a suit for ejectment of the petitioner on the ground of reasonable requirement.