- (1.) The entire dispute in the present application appears to revolve around the issue of car parking at Premises No. 12 Dr. U. N. Brahmachari St. Kolkata-17 (hereinafter referred to as 'the said premises'). The said premises is a multi-storied building with several flats. The plaintiffs are owners/occupants of Flat Nos. 7B and 6B of the said premises. The petitioners being Aloke Kr. Somani and his wife Manjushree Somani claim to be assignees of Flat Nos. 9A and 9B at the said premises and are residing at the said two flats. In June, 1991 the plaintiffs instituted the instant suit with leave under Order 1 Rule 8 of the Code of Civil Procedure praying for diverse reliefs. Essentially, the suit is in the nature of an administration suit in respect of the said premises. In the said suit the petitioners have filed the present application. Contention of the petitioners:
(2.) Along with the said two flat nos. 9A and 9B the petitioners acquired two car parking spaces at the said premises. They have also taken on rent one car parking space from one M/s. M.C. Sarkar & Sons being the owner of flat no 4 at the said premises. The petitioners as also some other flat owners were originally allotted car parking space in the basement of the building but the same is inaccessible because of inherent defects in the structure of the building. As such, those who owned car parking space in the basement have been parking their vehicle on the ground floor open area along the driveway.
(3.) In the above suit by an order dated 24th August, 1991 Joint Administrators were appointed over the said premises. Since then, the said premises have continued to be under Joint Administrators although the personnel of such Joint Administrators have changed from time to time.;