- (1.) The short point argued on behalf of the petitioners by Sri Indrajeet Dasgupta, Ld. Counsel, is the non-application of mind by the Ld. Trial Court being the 6th Bench, City Civil Court at Calcutta to the provisions of Order 22 Rule 2 and Order 22 Rule 10A of the Code of Civil Procedure (for short CPC).
(2.) The petitioners are plaintiffs in Ejectment Suit No. 08 of 2007 and claim to be the trustees of Kumar Promothonath Roy Public Charitable Trust (hereinafter referred to for short as the said Trust). The said Trust is the proprietor of the premises No. 4, Grant Street and 9, Lenin Sarani, Kolkata (for short the suit premises).
(3.) The object of the Trust is to do charitable works qua poor and needy persons. The opposite parties are the defendants in the suit and were inducted as tenants to the said premises. The tenancy having been determined by a notice to quit and vacate dated 21st August, 2006 and the defendants-tenants having failed and neglected to vacate the suit premises, the petitioners-plaintiffs filed Ejectment Suit No. 7 of 2008 (hereinafter referred to as the said suit).;