ABL INTERNATIONAL PVT LTD Vs. SUNITA RAMCHAND SADARANGANI

JUDGEMENT

(1.) THIS appeal is at the instance of the defendant No. 4 in a suit for declaration and permanent injunction and is directed against order dated 19th June, 1998 as modified on 24th June, 1998 passed by a learned Single Judge of this Court on the application filed by the appellant in the suit by which the appellant prayed for the following orders:

(2.) THE facts giving rise to filing of such application in the said suit may be summed up thus: on 9th October, 1991, the respondent Nos. 1 and 2, as the plaintiffs, filed a suit before the Original Side of this Court being Suit No. 737 of 1991 against the respondent Nos. 3 to 5 and the appellant thereby praying for the following relief: " (a) Declaration that the plaintiffs are monthly tenants in respect of shop room being block Nos. A-6, A-7 and A-8 on the ground floor of premises no. 1, Shakespeare Sarani, Calcutta, more fully described in the schedule being Annexure 'a' to this plaint; (b) Perpetual injunction restraining the defendant Nos. 1, 2 and 3, their servants, agents and/or assigns from disturbing in any way the plaintiffs possession in and enjoyment of the said shop room being block Nos. A-6, a-7 and A-8 on the ground floor of the said premises with all existing facilities; (c) Receiver: (d) Possession of shop room Nos. A-6 and A-7 in premises No. 1, shakespeare Sarani, within the municipal limits of Calcutta from the defendant or any of them; (e) Costs; (g) Further or other reliefs. "

(3.) THE case made out in the plaint by the respondent Nos. l and 2 herein may be summed up thus: