BALMUKUND LACHMINARAYAN Vs. AMULYA KUMAR BISWAS

JUDGEMENT

(1.) This appeal is by Defendant No. 1 and it arises out of a suit for, inter alia, a declaration of the Plaintiff -Respondent's title as a direct tenant under the Appellant in respect of the suit premises (No. 187, Maharshi Debendra Road, Calcutta) and for an appropriate permanent injunction. The relevant facts lie within a short compass and may be stated as follows:

(2.) The Plaintiff's allegation was that he was a monthly tenant with effect from May 1953, under Messrs Timber Emporium the then direct tenant under Defendant No. 1, who was the tenant of the first degree in respect of the disputed premises.

(3.) That, in August 1955, after service of the requisite ejectment notice in May 1955, Defendant No. 1 instituted ejectment suit No. 1796 of 1955 in the Court of Small Causes, Calcutta, against the said Timber Emporium and obtained a decree therein on September 29, 1956.