- (1.) This is an application by the defendant 1 for an order, inter alia, that the plaint filed in this suit be taken off the file and be rejected; and leave granted under Cl.12 of the Letters Patent be revoked.
(2.) In or about December, 1983 the plaintiff instituted this suit in this Court praying, inter alia, (a) Leave under Cl.12 of the Letters Patent; (b) Declaration that the plaintiff is the monthly tenant of Flat No. 51 of premises No.6, Mayfair Road, Calcutta more fully described in a schedule annexed to the plaint; (c) perpetual injunction restraining the defendants and/or their servants, agents, workmen, employees or any other person or persons claiming through the defendants from in any way disturbing or obstructing or doing any act which will in any way interfere with the peaceful possession, use and enjoyment of the plaintiff in respect of the said Flat No.51 at premises No. 6, Mayfair Road, Calcutta, (d) perpetual injunction restraining the defendants and/or their servants, agents, workmen, employees or any other person or persons claiming through the defendant from interfering with right of ingress to and egress from the said flat by the plaintiff and its servants and agents; (e) Receiver; (f) Injunction; (g) Costs and (h) further or other reliefs.
(3.) The plaintiff's case as made out in the plaint is shortly this. The plaintiff entered into an agreement with the first defendant for tenancy in respect of flat No.51 at premises No. 6 Mayfair Road, Calcutta at a monthly rent of Rs.1300/-. The said agreement was entered into in Calcutta within the jurisdiction of this Court. The plaintiff was the tenant of the flat No.51 which was being used as Office-cum-Guest House. At the request of the first defendant the plaintiff had been paying the rent of Rs. 1300/- per month to the second defendant M/s. Vishnu Oil Company with effect from May, 1977 and rent receipts thereof were granted by the second defendant. The second defendant duly accepted the rent, up to and including the month of March, 1981 and on various pretexts the defendants did not accept rent from April, 1981.;