ANUSUA DHIRAJLAL KANAKIA Vs. PROMODE KUMAR BANERJEE

JUDGEMENT

(1.) This is an application for leave to file an appeal under Clause 15 of the Letters Patent, against the judgment and decree dated Feb. 24, 1977, made in G. A. No. 505 of 1972, affirming thereby the judgment and decrees passed by the learned Additional District Judge, 4th Court, Alipore, in Title Appeal No. 709 of 1971.

(2.) The point involved in this case is whether after the incorporation of the amendment by the Civil P. C. (Amendment) Act, 1976, an appeal, out of a proceeding initiated earlier would be maintainable under Clause 15 of the Letters Patent.

(3.) The Respondent Opposite Parties are admittedly joint owners of premises no. 8, Ashutosh Mukherjee Road (hereinafter referred to as the said premises), where there are several tenants. Three of the flats in the said premises were let out to the appellant petitioner, who is in Scooter business. A suit being Title Suit No, 266 of 1969, was filed against the appellant petitioner for permanent injunction restraining her and her men, agents and servants from using the courtyard of the said premises for the purpose of her business and obstructing the same or to encroach the same in any way whatsoever The said suit had been filed, as it was alleged that for her business purpose, the appellant petitioner, her men, servants and agents started using the courtyard in question by keeping the Scooters, Motor cycles for repairs, thereby causing annoyance and nuisance to other tenants of the said premises. Such user of the said courtyard was alleged to have been done without the permission or consent of the landlords.