J C CHAKRABORTY AND CO Vs. SHANTILAL RAMPURIA

JUDGEMENT

(1.) - The appellants being the plaintiffs in Title Suit No. 235 of 1991 of the City Civil Court. 7th Bench, Calcutta are aggrieved of the order dated 19.4.1991 of the said court, whereby their prayer for injunction under order 39 Rule 1 & 2 read with section 151 of the CPC of restraining the superior-landlords from executing the decree for ejectment in execution case No. 103 of 1990 arising out of Ejectment Suit No. 650 of 1972 was refused.

(2.) Whereas the demised premises situate In the second floor of the holding No. 8/B, Lal Bazar Street, P.S. Hare Street, Calcutta has already undergone litigation for twice between the superior landlords and the tenant and a decision has been ultimately made by the Supreme Court in favour of the landlords upholding their right to evict the tenant therefrom, a fresh suit, suit No. 235 of 1991. has been initiated now by the sub-tenants claiming independent right of tenancy so as to avoid enforcement of the earlier decree for ejectment. Since the sub-tenants were not parties to the earlier suit, they have pleaded inter alia that the decree passed in the earlier suit was not enforceable against them.

(3.) The relevant facts are that the defendant-respondents No. 1 to 14 (hereinafter called as the superior landlords) being the real owners of the demised premises inducted the defendant-respondent No. 15 (hereinafter called as the tenant corporation) as a tenant therein under the terms and conditions mentioned in a Registered deed of lease dated 23.4.1948. The tenant-corporation by virtue of the terms and conditions embodied in the deed of lease inducted the plaintiffs-appellants as sub-tenants in different portions of the demised premises and, accordingly, the said appellants came in occupation of their respective tenanted portions while paying rent to the tenant-corporation. In the year 1960, the superior landlords filed an Ejectment Suit No. 978 of 1960 in the City Civil Court at Calcutta for ejectment of the tenant-corporation alleging default in payment of rent and also induction of sub-tenants. The suit was, however, dismissed with costs by the Judgment dated 30.10.1962. Subsequently, the superior landlords filed another Ejectment suit being Ejectment Suit No. 650 of 1972 in the City Civil Court at Calcutta alleging again default in payment of rent and sub letting. This suit was decreed in favour of the superior landlords for ejectment of the tenant-corporation, vide judgment dated 7.3.1974. The tenant corporation there upon preferred an appeal before this court, which was numbered as appeal No. 407 of 1974. The appeal was allowed by the order dated 3.9.1976 of this court, and, accordingly, the Judgment and decree passed by the trial court was set aside. Thereupon, the superior landlords filed special leave appeal before the Supreme Court, where Civil Appeal No. 331 of 1978 was registered and the same was allowed while setting aside the decision of this court and restoring the decree of eviction passed by the City Civil Court against the tenant-corporation in Ejectment Suit No. 650 of 1972. The decree is in the process of execution in Execution Case No. 103 of 1990 of the City Civil Court at Calcutta.