JIBAN KRISHNA SAHA Vs. PARULBALA SAHA

JUDGEMENT

(1.) THIS first appeal is at the instance of the defendant in a suit for declaration and permanent injunction and is directed against the judgment and decree dated 15th May, 2002, passed by the learned Judge, Thirteen Bench, City Civil Court at Calcutta, in Title Suit no. 769 of 2001, thereby declaring that the plaintiffs and the defendant no. 1 are the joint owners in respect of the business in the suit premises and the defendant No. 1 was directed to render account of the joint business to the plaintiffs and to pay the plaintiffs' share of profit of the said business. At the same time, the defendant No. 2 was directed to mutate and record the name of the plaintiffs along with the defendant No. 1 as joint tenant in respect of the suit premises and the defendant No. 1 was restrained from disposing of the business in any manner without the consent of the plaintiffs.

(2.) BEING dissatisfied, the defendant No. 1 has come up with the present first appeal.

(3.) THE plaintiffs/respondent Nos. 1 to 5 filed a suit against the appellant and the respondent No. 6 in the City Civil Court at Calcutta a suit being Title Suit No. 769 of 2001 thereby praying for the following relief: -