DILIP KUMAR DEY Vs. VISHWAMITRA RAMKUMAR

JUDGEMENT

(1.) By means of this appeal, plaintiff/appellant challenges an order passed by the learned Judge, VIIth Bench, City Civil Court at Calcutta In Title Suit No. 974 of 1905 dated 2.8.1995 refusing to pass an interim order directing the bearing of the injunction matter. Plaintiffs application for temporary injunction under Order 39 Rules I and 2 read with section 151 of the Code of the Civil Procedure restraining the defendants from evicting the plaintiff/appellant from the Suit Premises by way of executing sought to be executed in Title Suit No. 10 of 1994, pending before the learned Registrar, Bench of this Court in support of file stay application filed before this Court for the grant of injunction reads follows:

(2.) The plaintiff/appellant/petitioner filed a Title Suit being Title Suit No. 974 of 1995 before the Learned Judge, VIIIth Bench, City Civil Court at Calcutta for a decree for declaration and permanent injunction against the defendants/respondents/opposite Parties and in the very suit the plaintiff/appellant/petitioner filed an application under Order 39 Rules 1 and 2 read with section 151 of the Civil Procedure Code, 1908 with a prayer for granting an order of temporary injunction restraining the defendants/ respondents/opposite parties No. 1. 2, and 3 their men, agent representatives and/or assignees from executing the decree sought, to be executed in Title Execution Case No. 10 of 1994 pending before the learned Registrar, City Civil Court at Calcutta till the disposal of the suit being No. 974 of 1995 and an order of ad-interim injunction in like manner as prayed to be passed and also prayer was made for other relief or relief's to which the plaintiff/appellant/petitioner was entitled to under law, equity and natural justice.

(3.) The case made out by the plaintiff/appellant/petitioner is as follows: At all material times the plaintiff/appellant/petitioner is a tenant in respect of a shop room on the ground floor of the premises No. 15. Radhabazar Street since renumbered as 16A Radhabazar Street, Police Station Hare Street, Calcutta-700 001 within the jurisdiction of the learned Court at a monthly rental of Rs.366.25 paise payable according to English Calendar month under one Fida Hussain Ahmed Bhoy and Jainal Bhai Ahmed Bhoy, registered Partnership Firm, having its office at 9. Ganesh Chandra Avenue, Police Station. Hare Street, Calcutta. The said shop room for the sake of brevity is hereinafter called and referred to as the "suit premises".