A.Talukdar, J. - (1.) This appeal has been preferred by the Trustees of the Victoria Memorial Hall against the judgment and/or order passed by Sri P.K. Biswas, Judge, 4th Bench of the City Civil Court at Calcutta in tittle Suit No. 752 of 1999. By the said order, the learned Judge disposed of the application for injunction filed by the plaintiff/respondent in a suit for declaration and injunction by directing the parties to maintain status quo as on 5th June, '99 till the disposal of the suit. The learned Judge however, observed that the said order of status quo shall not prevent the defendant/appellant from taking any lawful step for securing eviction of the plaintiff/respondent from the suit premises in accordance with law. Before we proceed further to consider the order under challenge in this appeal on merit, let us, state the brief facts leading to the filing of the suit and the application for injunction which are as follows :-
(2.) The plaintiff/respondent entered into an agreement initially with the defendants/appellants on 1st of December, 1987 for the purpose of running a business of confectionary, hetel and restaurant in the Hall of the Victoria Memorial Hall for five years against an annual payment of Rs. 38,100/- on the terms and conditions contained therein. A further agreement was again executed by and between the defendant No. 1 appellant No. 1 and the plaintiff/respondent for a further period of five years commencing from 1st of May, 1994 against the annual payment of Rs. 45,720/- in advance. The life of the agreement had expired. For extention of the period of agreement in question and also to permit the plaintiff/respondent to carry on his business, an application for extention was made before the Executive Committee of the Board of Trustees but the prayer for extention was rejected by the Executive Committee of the Board of Trustees which was chaired by the Governor of West Bengal. Since the plaintiff/respondent may face dispossession from the suit premises at the instance of the appellants, the instant suit has been filed for declaration and injunction. According to the plaintiff/respondent, although an agreement was made for five years, but it would be clear from the different clauses in the agreement that the plaintiff/respondent was inducted as a lessee in the suit premises.
(3.) According to the plaintiff/respondent, he being a lessee in the suit premises cannot be thrown out from the same without taking due course of law. Accrodingly, he filed the instant suit for declaration and injunction and also in the said suit filed an application for injunction praying for an order of injunction restraining the defedants/appellants from interfering with his peaceful possession of the suit premises till the disposal of the suit.;