RADHA KISHAN JHUNJHUNWALA Vs. SHIB SHANKAR LODHA

JUDGEMENT

(1.) The defendant No. 1 in Title Suit No. 1162/87 pending in the Court of the learned 6th Judge, City Civil Court at Calcutta has called in question the legality, validity and the propriety of the order dated 30th Sept., 1994 whereby and whereunder the learned Court below has directed the petitioner for restoration of the possession to the opposite party-plaintiff.

(2.) The brief scenario of the facts leading to this revisional application are as follows:

(3.) The learned Judge 6th Bench, City Civil Court at Calcutta had rejected their application on 3rd April, 1987. After the dismissal of the aforesaid application for being added as party, the opposite party Nos. 1 and 2 filed the present suit. In the said suit they have prayed there a decree for declaration that they are the tenants in respect of suit premises and the tenancy is governed under the provisions of the W.B.P.T. Act of 1956 and have further prayed for a decree of permanent injunction. In the aforementioned suit, the opposite party Nos. I and 2 filed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure for ad-interim injunction against the petitioner as to why his men and agent be not restrained from proceeding with the Title Suit No. 798/84 pending in the City Civil Court at Calcutta. The learned 6th Bench, City Civil Court by the judgment and order dated 22nd Sept., 1993 was inclined to record an order of temporary injunction restraining the petitioner herein, his men and agent from interfering with peaceful possession of the plaintiffs over the said premises otherwise than in due process of law till the disposal of the suit.