M M YUNUS Vs. CALCUTTA TRAMWAYS COMPANY LTD

JUDGEMENT

(1.) This is a plaintiffs' second appeal against judgment and decree dated May 15, 1987 passed by the learned Additional District Judge, sixth Court at Alipore, District: 24 Parganas in Title Appeal No. 818 of 1985 affirming the judgment and decree dated August 16, 1985 passed by the learned Munsif, fifth Court at Alipore, District: 24 Parganas in Title Suit No. 50 of 1981.

(2.) On January 16, 1981 the plaintiff/appellants instituted a suit for ejectment and damages against the Calcutta Tramways Company Limited in the Court of the learned Munsif, fifth Court at Alipore, District: 24 Parganas. It is contended in the plaint of the said suit that the said plaintiffs were the owners of the premises No. 1/2D, Ashu Babu Lane, Police Station: Watgang, Calcutta-23 and the defendant was a tenant under the said plaintiffs in respect of the whole premises. The said suit was instituted, inter alia, on the grounds of default, damages and reasonable requirement. It is contended that a notice to suit dated October 1, 1980 was sent by the learned advocate for the plaintiffs asking the defendant to quit, vacate and deliver vacant possession of the suit premises on the expiry of the month of December 1980. The said notice was accepted by the defendant, but the defendant did not comply with the requisitions of the said notice compelling the plaintiffs to institute the said suit.

(3.) In the said suit the defendant did not appear, but, on March 26, 1981, an application was filed on behalf of the undertaking of the Calcutta Tramways Company Limited praying for its addition as a party defendant in the said suit contending that in view of the provisions of the Calcutta Tramways Company (Acquisition of Undertaking) Act, 1976 the undertaking of the erstwhile Calcutta Tramways Company Limited has been transferred to and vested in the Government of West Bengal and the undertaking of the Calcutta Tramways Company Limited has been managed by an administrator appointed by the Government of West Bengal under the rules framed under the said Act. It is contended that the undertaking of the erstwhile Calcutta Tramways Company Limited has been transferred to and vested in the Government of West Bengal on November 8, 1976 and as such the said undertaking, represented by the administrator, was required to be added in the suit as a party defendant.