A.N. Ray, J. - (1.) This is an application for summary judgment in a suit by a landlord against a tenant and the assignee of the tenant. Mr. Anindya Mitra appearing for the Plaintiff/Petitioner has pressed for a summary decree only with regard to the portion of the claim regarding possession and has submitted that the rest of the suit regarding mesne profits might stand over to trial.
(2.) The only reason why possession is sought and the tenancy is claimed to have been forfeited is the one of wrongful assignment. The first Defendant was the tenant of the Plaintiff and an assignment is said to have taken place of the tenancy right to the second Defendant by virtue of an approved order of Court in a company compromise.
(3.) In the affidavit -in -opposition filed on behalf of the second Defendant it has been asserted in para. 5 that by an order dated July 12, 1991, all the assets, property and liabilities of the Defendant No. 1 have vested in the Defendant No. 2, without necessity of any further act or deed. The property of the Defendant No. 1 which was the tenancy right, was not made an exception of in the said order.;