Indira Banerjee, J. - (1.) This appeal is against a judgment and order dated 1st November 2000 passed by the learned Single Judge allowing the Suit in C.S. No. 378 of 1995.
(2.) The respondent No. 1 filed the said suit against the original appellant, Gopal Das Bagree, since deceased, claiming the following reliefs: - - "a) Perpetual injunction restraining the defendant, whether by himself or his servants, agents or assigns or otherwise howsoever, from claiming to be the owner of the said 'Vika Chand Market' situate at Nos. 14, 14/1, 14/2 and 14/3, Old China Bazar Street, Calcutta, in any manner whatsoever; b) Permanent injunction restraining the defendant, whether by himself, his servants, agents, assigns or otherwise however from claiming and/or holding himself out to be a partner of the plaintiff firm or claiming any right, title or interest, the assets thereof in any manner howsoever. c) Permanent injunction restraining the defendant whether by himself or its servants, agents, assigns or otherwise howsoever from interfering with the affairs of and/or running of the business of and/or use, occupation and/or enjoyment of the rents and usufructs of the said 'Bhikam Chand Market' situate at Nos. 14, 14/1, 14/2 and 14/3, Old China Bazar Street, Calcutta, by the plaintiff firm, in any manner whatsoever; d) Decree for Rs. 4,00,00,000/ - (Rupees four crores only) as stated in paragraph 42 of the plaint; e) Alternatively, the plaintiff claims for an enquiry into the damages and decree for such sum as may be found due and payable upon such enquiry. f) Injunction; g) Receiver; h) Costs; i) Further or other reliefs."
(3.) The short question in this appeal is whether the suit property was brought into the stock of the partnership firm Broadway Centre or whether the defendant in the suit/the original appellant continued to remain the owner thereof.;