- (1.) The three petitioners and the first nine opposite parties are the plaintiffs in Title Suit No. 1181 of 2010, pending on the file of the learned Judge, 6th Bench, City Civil Court at Calcutta. The opposite parties 10 & 11 are defendants 1 & 2 respectively therein.
(2.) It is the plaint case that the name of the defendant no.1 has changed and it is presently known as the defendant no.2; that the plaintiffs have acquired the entirety of premises no.2 Russel Street, Kolkata - 700071 (hereafter the said premises) by 12 (twelve) registered deeds of conveyance dated September 21 & 23, 1996; that the income earned from the said premises is not sufficient for maintenance of the building comprised therein or for payment of Corporation taxes; that they intended to construct a new building on the said premises; that the defendant no.1 is a tenant in respect of a shop-room (shop no. 6) in the said premises and apart from defaulting in making payment of rent since October, 1996 had sublet, transferred, assigned and/or parted with possession of the portion of the suit premises in its occupation without the written permission of the landlords; and thereby, the defendant no.1 had made itself liable to be evicted. Accordingly, the plaintiffs prayed for a decree declaring that the defendant no.1 was the monthly tenant in respect of the suit shop-room, for permanent injunction restraining the defendants from transferring and/or assigning and/or parting with possession of the suit shop-room and also from transferring any shares of the defendant no.1 to any third party or parties, and other relief.
(3.) The plaintiffs had filed an application under Order 39 Rules 1 & 2 read with Section 151 of the Civil Procedure Code. The trial Court passed an order on March 18, 2010 restraining the defendants from transferring, assigning and/or parting with possession of the suit shop-room to any third party till April 19, 2010. The said order was extended from time to time and ultimately has been made absolute by an order dated May 16, 2011.;