BASANTA KUMAR SINHA Vs. DURGESH MUKHERJEE

JUDGEMENT

(1.) THIS appeal is directed against the order No. 39 dated 16th December, 1995 passed by the learned Judge, XIII Bench, City Civil Court at Calcutta in Misc. Case No. 1565 of 1992.

(2.) THE respondents filed ejectment suit No. 82 of 1992 before the learned Judge, XIII Bench, City Civil Court at Calcutta against one Sri Probodh Chandra Majumdar for recovery of the suit premises inter alia, on the ground that the defendant was a habitual defaulter in payment of rent since April, 1991 and he had sub-let, transferred and/or assigned the entire suit premises to the strangers without the written consent of the landlord after coming into force of the West Bengal Premises Tenancy Act, 1956 and he was also guilty of violating the provisions of clauses (m), (o) and (p) of Section 108 of The Transfer of Property Act.

(3.) THE appellants previously had filed the application under Order 1, Rule 10 read with Order 21, Rule 101 and Section 151 of Code of Civil Procedure in the said Misc. Case No. 1565 of 1992 for making the appellants as parties in the said Misc. Case and to pass appropriate order in the said Misc. Case in their presence but as they had subsequently filed Title Suit No. 634 of 1993 and obtained an ad interim order of status quo, they did not press their said application and allowed the same to be rejected.