- (1.) There are two suits between the parties. First of such suits being Title Suit No. 125 of 2005 was filed by the petitioner herein against the opposite parties of C.O. No. 1572 of 2010. In the said suit, a declaration was sought for declaring the plaintiff as a bona fide tenant in respect of the suit property and for a further declaration that the plaintiff is entitled to enjoy the suit property uninterruptedly, peacefully and continuously until it is evicted through process of law and the defendants have no authority to cause disturbance to the business of the plaintiff and its partners therein. A decree for permanent injunction was also sought for restraining the defendants jointly or severally and each of them and/or their men and/or agents and/or associates from disturbing and/or interfering and/or invading the peaceful possession enjoyment and occupation of the plaintiff in the suit property or any portion thereof. Such relief was claimed in respect of the suit property which comprises of (i) 3122 sq. ft. of built up area on the basement of the building; (ii) 176 sq. ft. of built up area on the ground floor of the said building; (iii) 673 sq. ft. of built up area in the first floor of the said building being premises No. 32, Block DD, Sector-I of Northern Salt Lake City, Police Station Bidhannagar (North), Kolkata 700 064.
(2.) The defendants therein who are the opposite parties in C.O. No. 1572 of 2010 are contesting the said suit by filing their respective written statement therein. The defendant Nos. 1 and 2 filed a joint written statement in the said suit denying the allegations made out in the plaint. The defendant Nos. 3 and 4 filed their joint written statement for contesting the said suit. The defendant No. 5 is also contesting the said suit by filing his written statement therein. Though the said suit was filed in 2005 but still then the said suit has not yet matured for hearing though the pleadings therein are all complete.
(3.) Subsequent suit being Title Suit No. 140 of 2008 was filed by the opposite party No. 1 in C.O. No. 1572 of 2010 against the petitioner of the said revisional application. The said suit was filed for recovery of vacant and khas possession of the suit property by evicting the defendant therefrom and for permanent injunction for restraining the defendant its men, agents and employees from parting with possession of the suit premises in any manner and also for mesne profit. The suit property in the said suit comprises of an area of 3122 sq. ft. of built up area in the basement and 176 sq. ft. of built up area in the ground floor of the said building.;