- (1.) This is an appeal against judgment and order dated September 18, 2010 passed by the learned judge, Twelfth Bench, City Civil Court, Calcutta, in Title Suit No. 2429 of 2010.
(2.) By the order impugned, the learned judge declined to pass an ad-interim order of injunction in a suit for declaration and injunction being Title Suit No. 2429 of 2010.
(3.) The plaintiff, who is the appellant before this Court, instituted the said suit alleging that sometime in the year 1945-46 his father was acknowledged as tenant in respect of two shops on the ground floor of premises No. 2, Madhab Krishto Sett Lane, Police Station - Posta, Kolkata - 700 007, by one Prabhat Kumar Sett and other members of the said Sett family. It was alleged that the said tenancy was created during the lifetime of his grandfather. In view of the expansion of business, some more tenancies were taken from the said Sett family. However, sometime in the year 1975-76, the said Sett family appointed Ganpatrai Sitaram, a firm or body of individuals, as their estate agent and Ganpatrai Sitaram started realizing rents from the plaintiff and the other members of his family in respect of the existing tenancies. Ganpatrai Kayan expired and after his death Sitaram Kayan started realizing rent and issuing rent receipts in his own name. On the death of the plaintiff's father, namely, Hanuman Prosad Jangir, Kayans started issuing rent receipts in the name of the plaintiff. The plaintiff claimed that he was holding four tenancies in respect of room Nos. 27/28, 18, 19 and 30 according to the Hindi Calendar.;