G.C.De, J. - (1.) This appeal is directed against the judgment and order dated 15th January 2000 passed by Smt. A. Roy Saraswati, Civil Judge (Senior Division) Fourth Court at Alipore, District 24 Parganas (South)in Misc. Case No. 25 of 1998. By the said judgment the trial Court dismissed the Misc. Case filed by the present appellant R.S.I. Limited under Order 21 Rules 97, 99 and 101 read with section 151 of the Civil Procedure Code.
(2.) The case of the appellant-petitioner is that it is a Company registered under Companies Act 1956 having its registered office at 1, Bishop Lefroy Road, P.S. Bhawanipur, Calcutta 700 020 and it was inducted as a tenant in respect of the eastern part of the ground floor of premises No. 1, Bishop Lefroy Road, P.S. Bhawanipur, the details of which are given in Schedule 'B' to the application in the year 1977 at a monthly rental of Rs. 6000/- inclusive of service charges. The possession of the tenanted portion was given in 1978 and rent receipts were issued in the form of licence fee and service charges. It is alleged that at the time of induction in the year 1977, the respondent No. 1/opposite party No. 1, the Property Company Private Limited, gave express consent to the Chairman, D.S. Mazda of the appellant petitioner Company, and Mr. K.R. Irani, Managing Director of the respondent No. 1/opposite party No. 1 not only gave his express consent but also gave such consent in writing to the Director of the proforma opposite party-respondent No. 2 MacDonell India Ltd. for induction of the present appellant-petitioner as monthly premises tenant.
(3.) The status of the present appellant-petitioner as a tenant or at least as an authorised and legal sub-tenant was never questioned. But all on a sudden the McDonell Limited refused to accept the monthly rent from the R.S.I Limited for which the rent was tendered. The rent for the month of October 1998 was tendered to the Property Company, which also refused to accept the same. Being suspicious about the situation, an inquiry was made and it was ascertained that the Property Company and McDonell Limited in collusion with each other obtained an ejectment decree in respect of the entire Premises No. 1 and 1/1, Bishop Lefroy Road from the Fourth Court of Subordinate Judge at Alipore in Title Suit No. 66 of 1977. It was also ascertained from the Court on 22.12.1998 that the Property Company put the said decree into execution in Title Execution case No. 10 of 1998 and writ of delivery of possession was issued in respect of the entire premises including the 'B' Schedule property. But the R.S.I. Limited being an authorised sub-tenant cannot be evicted in terms of the decree in Title Suit No. 56 of 1977 in respect of which he was not a party. Accordingly, an application under Order 21 Rules 97, 99 and 101 read with section 151 of the Civil Procedure Code was filed praying for the following reliefs : "For an inquiry and determination of the petitioner's right, title and interest in the suit premises as described in the Schedule "B" below; For declaration that the petitioner is the bona fide and lawful sub-tenant in the suit premises under the proforma O.P. No. 2 and alternatively tenant under the O.P. No. 1; For permanent injunction restraining the O.P. No. 1 from eviction of the petitioner from the suit premises as described in the Schedule "B" hereunder in execution of the decree that has been passed in T.S. No. 66 of 1977 by the Learned 4th Sub-Judge (now 4th. Court of Civil Judge, Senior Division) at Alipore. Temporary/Interim Order of injunction; Cost of the suit. Any other relief or reliefs which the petitioner is entitled in law and equity.";