PRATIMA DUTTA Vs. NILIMA SEAL

JUDGEMENT

(1.) This First Misc. Appeal is at the instance of the plaintiff and is directed against Order No. 11 dated May 30, 1997 passed by the learned Trial Judge, 2nd Bench, City Civil Court at Calcutta, in Title Suit No. 2883 of 1996 thereby disposing of an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure filed by the appellant as also the one under Order 39 Rule 4 of the Code of Civil Procedure filed by the respondent. By the aforesaid order the learned Trial Judge has partly granted temporary injunction in favour of the present appellant.

(2.) Being dissatisfied with the aforesaid order passed by the learned Trial Judge, the plaintiff has preferred the instant First Misc. Appeal.

(3.) The appellant has filed the aforesaid suit for declaration that the respondent has no right to obstruct and resist the appellant, her men and employees in peaceful user and occupation of the suit premises as a bona fide tenant thereof and also for permanent injunction restraining the respondent and her men and agent from obstructing the appellant, her men and employees in using and occupying the suit premises and from interfering with the appellant's peaceful use and occupation of the suit premises. It may be mentioned here that the suit property consists of two Schedules, viz. Schedule A and Schedule B. Schedule A consists of one shop room and one godown and Schedule B consists of bath and privy situated in a portion of the said building.