Shivakant Prasad, J. - (1.) The instant application has been filed by the applicant no.1, Chairman of Avenue Cooperative Housing Society Limited, who are seeking leave of this Hon'ble Court to continue with the present appeal in place and stead of plaintiff/appellant and accordingly to incorporate their names in the memorandum of appeal by deleting the names of the appellants.
(2.) The grounds taken in this application is that Niranjan Ghosh, since deceased, had purchased flat no.2C in the suit premises at 107, Southern Aveue, P.S. Rabindra Sarobar, Kolkata-700 029 on 18.2.1974 and had been residing in the said flat who had let out the flat on rent to one N. P.K. Bose, since deceased, the father of the respondent nos.2 and 3 in 1975. The said Niranjan Ghosh, original owner of the suit flat had died leaving behind the present appellants, namely, Ila Ghosh and Kaushik Ghosh being his widow and son who preferred the instant appeal on being aggrieved by and dissatisfied with the judgement and decree dated 6th March, 1990 passed by the Learned Additional District Judge, 3rd Court at Alipore in Title Appeal No.250 of 1988 reversing the judgement dated 26th March, 1988 and 15th April, 1988 respectively passed by the Assistant District Judge, 3rd Court in Title Suit No.169 of 1976 as the original owner Niranjan Ghosh, since deceased, had filed the suit for eviction and the ejectment decree was passed against the defendant, the present respondent herein. The specific case of the applicants is that by a registered Deed of Gift dated 31st May, 2019, the palintiff/appellant had gifted the said flat in favour of the said Society being the applicants herein. Pursuant thereto the Society has mutated its name in the record of Kolkata Municipal Corporation as the owner in respect of the said flat. The Society has also obtained a electricity meter from the CESC in the name of the said Society. It is pointed out that the Society has stepped into the shoes of the present plaintiffs/appellants and the plaintiffs/appellants have ceased to have any right and title in respect of the said flat and to continue the present litigation in respect of the said flat as the rights of the plaintiffs in the appeal has devolved upon the society.
(3.) The application has been contested by use of affidavit in opposition on behalf of the respondent who have specifically pointed out that though the Avenue Co-operative Housing Society Limited is claiming to have become the owner of the suit flat by virtue of a Deed of Gift have mutated its name in the record of Kolkata Municipal Corporation, no intimation in this regard has ever been given to the respondents and that the statements made by the applicants are the matters of record but denied that the proposed added appellants/applicants herein at all has right to pursue the present proceeding as against the respondents and as such the applicants can not be allowed to continue with the instant appeal in place and stead of the original appellants. The applicants in reply have stated that they were not aware of the proceeding in the instant appeal and only after getting the suit property, the applicants engaged their Advocate to cause searches of the case pending before this Hon'ble Court and came to know about the proceeding.;