Bhaskar Bhattacharya, J. - (1.) : This first miscellaneous appeal is at the instance of a plaintiff in a suit for recovery of possession on forfeiture of a lease and is directed against the Order No. 86 dated 4th September, 2004 passed by the learned Judge, 7th Bench, City Civil Court at Calcutta in Title Suit No. 1580 of 1996 thereby allowing an application under Order 7 Rule 11 of the Code of Civil Procedure by rejecting the plaint.
(2.) The plaintiff-appellant filed the aforesaid suit thereby praying for recovery of khas possession of the suit premises as described in schedule of the plaint on the basis of a registered deed of lease dated 5th March, 1985 executed by one Manicklal Mullick, since deceased, as lessor and the defendant No.1 as lessee for 99 years commencing from first day of January, 1962. According to the plaintiff, the original lessor died on 9lh June, 1968 thereby bequeathing his properties including the suit premises to his three sons namely, plaintiff and proforma defendant Nos. 2 and 3 in equal share. The said Will was duly probated and the aforesaid three persons stepped in the shoes of the original lessor and subsequently, on the offer of the heirs of the original lessor, the defendant No. 1 agreed to apportion the rent to them.
(3.) In the plaint it is further alleged that the defendant No.1 violated various conditions mentioned in the lease deed and as such, a notice under section lll(g) of the Transfer of Property Act was served at the instance of the plaintiff upon the defendant No. 1. In paragraph 10 of the plaint it is further stated that as the other two lessors, namely, proforma defendant Nos. 2 and 3 had expressed their unwillingness to join with the plaintiff in the present suit, they have been made proforma defendants.;