- (1.) The plaintiff No.1, Sky Travels is a partnership firm of which Sri P.K.Jain, the plaintiff No.2 abovenamed and Sri Ajoy Kumar Sharma, the defendant No. 2 are the partners thereof. The defendant No. 1 is the father of the defendant No. 2 and is the owner of premises No. 11, India Exchange Place, Kolkata. The partnership firm, Shy Travels started their business for traveling agency in a portion of ground floor of the said premises No. 11, India Exchange Place, Calcutta. Since the defendant No. 2 was admitted in partnership firm on August 31, 1992 the partnership firm started carrying on business at the said place. According to the plaintiff the firm was enjoying 600 sq. ft. carpet area and was paying rent @ Rs. 1400/- per month. The rent was paid mostly by cheque duly singed by the firm as well as by the defendant No.2 as partner thereof. The cheques were drawn on the Oriental Bank of Commerce, Kolkata. Dispute and differences arose by and between the partners as well as with the defendant No.1 since December 2001.
(2.) On March 7, 2002 at about 5 P.M. some unknown persons numbering approximately 50 along with defendant No. 2 forcibly entered the office and removed all records, fittings, furniture, air conditioners and computers from the said premises on the plea that there had been eviction decree passed by the Small Causes Court at Calcutta in Ejectment Suit No. 4 of 2002 in favour of the defendant No.1. The defendant No. 1 took immediate possession of the said portion of the premises being occupied by the partnership firm.
(3.) Being aggrieved by the said wrongful action on the part of the defendants the plaintiffs filed the above suit inter alia praying for the following reliefs: "(a) Decree for recovery of vacant possession of the demised portion of the ground floor of premises No. 11, India Exchange Place, Kolkata-700 001, described in the Schedule being Annexure "A". (b) Decree dated 20th June, 2001 passed in Ejectment Suit No. 4 of 2001 by the learned Small Causes Court, Calcutta be adjudged void, delivered up and cancelled. (c) Declaration that the said decree dated 20th June, 2001 is illegal null and void. (d) Perpetual injunction restraining the defendants from interfering with the plaintiffs' right to carry on business and remain in possession of the demised portion of premises No. 11, India Exchange Place, Calcutta. (e) Perpetual injunction restraining the defendant No. 2 from interfering with the smooth running of the business of the plaintiff No.1 from the demised portion of premises No. 11, India Exchange Place, Calcutta. (f) Perpetual injunction restraining the defendants from interfering with the rights of the plaintiff No. 2 to carry on the business of the firm as a partner in the plaintiff No. 1. (g) Decree for Rs. 73.75.000/- against the defendants jointly and severally and as pleaded in Paragraph 27 above and in the alternative an enquiry into damages and decree for such sum as may be found due and payable upon such enquiry. (h) Interim interest and interest on judgment @ 24% p.a. (i) Receiver (j) Injunction (k) Costs (I) Such further and/or other reliefs.";