SUSHIL KUMAR JHUNJHUNWALA Vs. S M CHOWDHURY

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 4.6.97 passed by Sri D.K. Roy, learned Judge, 2nd Bench, City Civil Court at Calcutta in Title Suit No. 513 of 1997 whereby and whereunder he allowed an application filed by the respondent No. 1 herein under Order 39 rule 4 of the Code of Civil Procedure as also allowed an application for mandatory injunction filed in his behalf.

(2.) The basic fact of the matter is not much in dispute.

(3.) One Chiranjilal Jhunjhunwala, father of the appellant was a member of Calcutta Stock Exchange Association Limited. He, in that capacity, was a tenant in respect of the premises belonging to respondent No. 2 herein being room No. 9A. He allegedly made a declaration in favour of the appellant on 10.2.93 to the effect that after his death, the membership card and the said tenancy with connected benefit be transferred to the appellant, who was his eldest son. Admittedly, the said Chiranjilal Jhunjhunwala also issued a letter to the respondent No. 2 on 29.3.94 expressing his desire to transfer tenancy in respect of the said room in favour of Sm. Anita Bubna, which was transmitted to respondent No.2. It is accepted that the respondent No.2 entered into an agreement with the aforementioned Anita Bubna and had also accepted rent from her from April 1995 onwards. However, it is seriously disputed although it is the contention of the appellant that the respondent No. 2 also accepted rent from the appellant and thus accepted him as a tenant.