ANANDLOK WELFARE ASSOCIATION Vs. CITY ENCLAVE PRIVATE LIMITED

JUDGEMENT

(1.) The petitioner has challenged an order whereby the appellate court reversed an order of ad interim injunction granted by the trial court restraining the defendant/opposite party from making any construction over the suit property and also restraining the defendant/opposite party and its men and agents from creating any obstruction to the plaintiff/petitioner and its office bearers from carrying out necessary repair work and maintenance work regarding supply of water, drainage and sewerage connection for a limited period.

(2.) The matter arises from a suit, bearing Title Suit No. 221 of 2018, filed by the petitioner, inter alia, for declaration that the members of the petitioner- association have unfettered right of car parking and other amenities like water supply, drainage, sewerage, deep tube well and electricity over the suit property, for declaration that the petitioner, being an association of flat owners, has every right to carry out necessary repair work and maintenance of water supply, drainage, sewerage connection and deep tube well at the suit property without the intervention of the defendant and for consequential reliefs.

(3.) The case made out by the plaintiff/petitioner is that the petitioner is an association entrusted to look after and maintain the entire building and the car parking spaces, lobby, staircase etc, including the allegedly open car parking space in the northern front portion of the building 'Anandalok ' at 227, Acharya Jagadish Chandra Bose Road, Kolkata - 700 020. The petitioner claims to represent its members, who are flat-owners in respect of the said building adjacent to the suit premises, which is comprised of a 700 sq. mt. vacant space. It has been urged in the suit that initially one Bikash Chandra Sinha was the original owner of the entire property and granted lease for a period of 99 years in favour of Smt. Sarojini Goswami by a registered deed of lease dated May 18, 1974. During subsistence of the said lease, the owner Bikash Chandra Sinha sold the said premises to M/s Jenny Christensen (Services Apartments) Limited by a registered deed of conveyance dated July 17, 1985. It is alleged that the lessee Sarojini Goswami had surrendered the lease in favour of the erstwhile lessor/original owner Bikash Chandra Sinha on October 17, 1985 and had confirmed the aforesaid sale by being a confirming party in the deed of conveyance itself.