SARALA SHAH Vs. CALCUTTA MUNICIPAL CORPORATION

JUDGEMENT

(1.) Heard the submissions of the learned Advocate for the petitioner, Mr. G.P. Trivedi appearing with the learned Advocate Mr. Siddhartha De and the learned Advocate for the respondent No. 5 Mr. Samiran Giri as well as the learned Advocate for the Municipal Authority (respondents Nos. 1, 2 and 3), Mr. Dipankar Chakrabory appearing with the learned Advocate Mr. Fazlul Haque. Considered the materials on record.

(2.) The grievance of the writ petitioner is that the respondent No. 5 is trying to take forcible possession of the garage which is tenanted to her and disturbing her peaceful possession of the tenanted garage by raising unauthorised construction.

(3.) The short background of this case is that the writ petitioner is a tenant in respect of a garage at a monthly rental of Rs. 70 under the respondent No. 5 and the respondent No. 5 in order to evict her from the tenancy behind her got a prior sanction from the Calcutta Minicipal Corporation for constructing a three storied building blocking the ingrees and egress of the petitioner to the garage. The petitioner has already brought a suit, being Title Suit No. 80 of 1996. praying for a declaration that she is a tenant under the respondent No. 5 in respect of the garage and also for a permanent and mandatory injunction for preventing the landlord from raising the said construction obstructing the ingress and egress of the petitioner to the garage. In that suit being Title Still No. 80 of 1996, the petitioner also made an application for temporary injunction under Order 39, Rule t and 2 of the Code of Civil Procedure and the ad-Interim Injunction has already been granted restraining the landlord, the respondent No. 5 herein, from obstructing the ingress amt egress of the petitioner for going to that garage. The matter is pending before the civil court. In the meantime the petitioner has filed the instant writ application and asked for the reliefs as delineated In the petition.