HARISH TANDON,J. - (1.) Two recalcitrant tenants are putting spanner to the action required to be taken by the Kolkata Municipal Corporation in order to avoid any casualty or loss of life. The Corporation found the property in question to be in dangerous and ruinous condition and issued a notice under Section 411 of the Kolkata Municipal Corporation Act, 1980. It is not in dispute that the entire property is/was occupied by the tenants. The petitioner, after such notice, approached the tenants and have stated in the instant writ petition that all such tenants have agreed with the proposal given to them except two of them who are vehemently resisting and/or contesting the instant writ petition.
(2.) Time and again several orders were passed in the instant writ petition so that the parties can arrive at the consensus without affecting their respective rights in respect of the said premises or a portion thereof. The disgruntled respondents have been all along raising objections to the proposals thrown to them and have further proceeded to file an application being G.A. No.200 of 2017 for appropriate steps to be taken against the petitioner, who has not only made the false statement on them, but also suppressed the material fact.
(3.) On being asked, it is stated by the contesting respondents that the petitioner has claimed himself to be the sole and absolute owner of the premises no.116, Muzaffar Ahmed Street, Kolkata - 700 016 whereas he had already sold and transferred the right, title and interest in respect of the portion of the premises in the year 2012 to one, M/s. Active Vanijya Pvt. Ltd. This Court is informed that in a suit for eviction filed against the contesting respondents, an application for amendment of the written statement was taken out to incorporate those facts which was eventually refused by the Trial Court. The said order was subsequently affirmed by the High Court under Article 227 of the Constitution of India.;