ASHIM KUMAR BANERJEE, J. - (1.) Appellants are the landlords of Premises No. 11-A, Nalini Sarkar Street, Calcutta. In the 1950s one Shri Radheshyam Sadhukhan, since deceased, took three rooms on the ground floor at 11-A, Nalini Sarkar Street, Calcutta under three different tenancies from the appellants/landlords. According to Appellants, the said Shri Radheshyam Sadhukhan during his lifetime was staying in one room and the other two rooms were being used by him as coaching class.
(2.) According to appellants, three ejectment suits were filed for eviction of the said Shri Radheshyam Sadhukhan. The Appellants obtained decree in the said three suits. In fact, the Appellants got possession of one room being the subject-matter of one of three tenancies in which the said Shri Radheshyam Sadhukhan was staying. The Respondents/Plaintiffs claimed to be an aided upper primary school in the said premises being run in the said two rooms being the subject-matter of the other two tenancies. According to Respondents/Plaintiffs, the decree which was obtained by the Appellants were collusive. In fact, the Respondents made an application for addition of party in those suits which was dismissed by the Court below by an order dated 24/02/1975 filed 'in ejectment Suit No. 1492 of 1973. According to Respondents, the said ejectment suits were heard and decreed ex parte.
(3.) After the said application having been dismissed the respondents filed two suits in the Court below beiong Title Suit No. 587 of 1975 and subsequently being Title Suit No. 2189 of 1976. The earlier suit was abandoned by the respondent by making an application for non-prosecution which resulted in an order of dismissal for non-prosecution on 15/02/1977.;