Basudeva Panigrahi, J. - (1.) The plaintiffs in title Suit No. 230/92 of the Court of the learned 2nd Court, Alipure has challenged the legality, propriety and the validity of the Order No. 36 dated 12th August, 1994 whereby and whereunder the learned Trial Court has rejected the petition filed under Order 12, Rule 6 of the Civil Procedure Code.
(2.) The revision petitioner which is a partnership firm has claimed to be owner of the Premises No. 57/1 Ballygunge Circular Road, Calcutta. The opposite party No. 1 is a Society duly registered under the Societies Registration Act, 1860 which has its Head Office on the ground floor over a portion of the eastern building of the premises. It. is, inter alia, submitted by the plaintiff that the registration of the Society was cancelled by the Registrar of Societies on or about 28th March, 1992. Therefore, the parent body of the opposite party No. 1 Shree Shree Anandamayee Sangha has severed all its relation with the Opposite Party No. 1.
(3.) At the request of one Dr. G.N. Mishra, the then Secretary of the Opposite Party No. 1, in the year 1985 Amar Kr. Jalan, one of the partners of the petitioners firm who is a strong devotee of Shree Shree Anandamayee Maa and happened to be the treasurer of the opposite party No. 1 agreed to spare a portion of the building more fully described in the scheduled to temporarily occupy as a licencee without payment of any rent or licence fee. The petitioner subsequently, revoked the licence granted to the opposite party No. 1 on the expiry of 31st May, 1992. Since the opposite party No. 1 failed and/or neglected to. vacate the portion of the ground floor, the petitioner filed the suit under Order 1, Rule 8 of the CPC, after taking leave from the Court for passing a decree of declaration that the licence granted to defendants was revoked, the defendants are not entitled to continue their wrongful possession of the Schedule 'B' described in the suit after termination of the licence on 31st May,1992 and for decree of possession by eviction of the defendants along with other ancillary prayers.;