- (1.) THIS appeal under clause 15 of the Letters Patent is against a judgment of our learned brother chittatosh Mukherjee, J. by which his lordship has dismissed an appeal in this court against the judgment and decree passed by a judge of City Civil Court dismissing a suit instituted by the present appellant,
(2.) THAT suit was for a declaration that the decree passed in favour of the present respondent No. 1 Sm. Maina bibi against respondent No. 2. Messrs. Surajmal Nagarmal for eviction is not binding on the plaintiff.
(3.) RELEVANT facts are that under the Respondent M s. Surajmal Nagarmal was a tenant in respect of a portion of the second floor of premises No. 192, jamunalal Bajaj Street under M/s. Tejpal jamuna Das the predecessor-in-interest of Respondent No. 1 who subsequently became the owner of the premises. Present plaintiffs were in ducted as sub-tenants in respect of part of the premises. The tenancy of Surajmal nagarmal, was terminated by a notice u/s. 106 T. P. Act and in Suit No. 937 of 1966 a decree for eviction was passed against them. Present plaintiffs were not made parties in that suit and no notice u/s. 106 T. P. Act was given to them. In execution of that decree the respondent prayed for vacant possession of the premises by evicting the plaintiffs also.;