- (1.) This appeal is directed against the order dated 18th January, 2013 of the City Civil Court in Title Suit no. 2015 of 2009.
(2.) The brief facts of the present appeal are as follows:- An application being R. C. case no. 172 of 2002 was filed under Section 26(3) of the West Bengal Premises Tenancy Act, 1997 by Respondent no. 1 claiming that he was the sub-tenant of M/s. A. K. Guha & Co. since 1985. He prayed for a declaration that he was a direct tenant under M/s. Chamaria Properties Private Limited, Respondent no. 3 herein. While this application was pending, the appellants who claim to be partners of the aforesaid firm filed proceedings under Section 41 of the Presidency Small Cause Courts Act, 1882 on 17th December, 2003 for recovery of possession of the suit premises from the Respondent no.1 herein. The contention of the appellants was that Respondent no. 1 was their licensee and therefore, they claimed possession after terminating the licence. On 9th April, 2009 the Small Cause Court passed an order for recovery of Khas possession of the suit property and directed the eviction of Respondent no. 1 within two months. That order has become final as the Respondent no. 1 has not challenged it before any Court.
(3.) The Respondent no. 1 has filed Title Suit no. 2015 of 2009 before the Small Cause Court on 28th April, 2009. The Respondent no. 1 has sought a declaration from the City Civil Court that he is a lawful sub-tenant of Arup Guha, i.e., Respondent no. 2 herein. A declaration that the order passed by the Small Cause Court in S.C.C. Suit no. 655 of 2003 on 9th April, 2009 in proceedings under Section 41 of the Presidency Small Cause Courts Act is not binding the Respondent no. 1 and is void ab initio has also been prayed for. Respondent no. 1 has further sought an injunction restraining the appellants from executing the order passed by the Small Cause Court.;