Joytosh Banerjee, J. - (1.) This revision is directed against an order dated 1st of September, 1995 passed by the Additional District Judge, Alipore in Misc. Appeal No. 36 of 1995 through which the learned Court below dismissed the Misc. Appeal.
(2.) The facts and circumstances leading to the filing of the present revision, are as follows: The O.P. No. 1 as the plaintiff brought title suit No. 39 of 1993 before the Court of Assistant District Judge at Sealdah alleging, inter alia, that he was the owner of the house property mentioned in the plaint situated at P-35, C.I.T. Road, Scheme No.L-II, P.S. Entaly, Calcutta-700 014. The plaintiff of the suit leased out one hall with 3 toilets and two open Varanda on the eastern side of the 3rd floor of the aforesaid, house for the fixed period of 20 years with effect from 1.4.1973 and ending with 31.3.93 in a registered deed of lease dated 5.4.73 with terms and condition contained in the said deed of lease. It was alleged that on the expiry of 31.3.93 and since 1.4.93 the defendant/tenant, who is the revisionist petitioner here did not have any subsisting interest in the suit property as per the law and the plaintiff was entitled to recover possession of the suit property. In that background, the plaintiff of the suit prayed for recovery of khash possession of the suit property by evicting the defendant and their men and also for mesne profits.
(3.) During the pendency of the suit, the defendant/tenant filed an application for injunction alleging that the personnel of defendant company had to use the lift for coming to the 3rd floor office situated in the suit premises. But the plaintiff was not running the lift on Saturdays inspite of the fact that during such period the defendants office remained open from 9.30 A.M. to 2 P.M. So the defendant company through the application for injunction wanted a direction upon the plaintiff to make arrangement for running the lift also on Saturdays during office hours.;