- (1.) The Plaintiff has taken out above application for interim order of injunction restraining the Defendants each of them from alienating, encumbering, dealing with, disposing of or from creating third party interest in respect of the demised premises and/or changing the nature and character thereof, particulars whereof are more fully described in Schedule 'A' and B' of the lease deed dated 24th March, 1970; for appointment of Receiver to make inventory of demised premises in respect of the properties described in Schedule 'A' and 'B' of the lease deed dated 25th March 1970 and to submit a report thereof and with direction upon the Receiver to take possession of the demised premises.
(2.) This application is opposed by filing affidavit. The suit in which the present application has been filed was originally instituted in or about 1985 in the Court of learned Second Assistant District Judge at Howrah for obtaining relief for recovery of khas possession by evicting the Defendants, their servants, agents and assigns in respect of the suit property and other incidental relief. Subsequently, the said suit was withdrawn and transferred to this Court for its trial in 1987.
(3.) The suit was filed by the Plaintiff on the fact shortly put hereunder: The Plaintiff is claiming to be the owner of three rolling mills foundry and workshop together with all plant, machinery, structures, equipments, fittings and fixture, shed and structure situate and lying at No. 106 and 106/1 Dharmatala Road, Salkia, Howrah (herinafter referred to said demised premises). His claim of ownership is on the strength of a registered deed of lease dated 25th March 1970, whereby leave has been granted for initial period of 10 years with two renewable option for 5 years to the Defendant No. 2 which was a partnership firm but apparently to the Defendant No. 1 namely Dinanath Parolia. Thereafter, the possession of the said demised premises was handed over to both the Defendants. On expiry of initial period of 10 years the Plaintiff did not renew the period of lease though the second Defendant in which the first Defendant is a partner, asked for renewal. The first Defendant on the other hand demanded return of the demised premises from the Plaintiff. Ultimately, the aforesaid suit was filed.;