- (1.) THIS appeal is at the instance of the defendant No. 4 in a suit for declaration and permanent injunction and is directed against order dated 19th June, 1998 as modified on 24th June, 1998 passed by a learned Single Judge of this Court on the application filed by the appellant in the suit by which the appellant prayed for the following orders: " (a) The ld. Receiver be directed to recover, realise and receive the sum of Rs. 1,08,573. 79 for the period up to November, 1997 from the plaintiffs in respect of shop room No. A-8 as per Annexure 'x-21' and the sum of rs. 9,66,356. 29 for the period up to November, 1997 from the defendant nos. 2 and 3 in respect of shop room Nos. A-6 and A-7 as per Annexure 'x-20' and the plaintiffs and the defendant Nos. 2 and 3 be directed to pay the said respective sums of Rs. 1,08,573. 79 as per Annexure 'x-21' and rs. 9,66,356. 29 as per Annexure 'x20' to the learned Receiver within a week from the date of order to be made herein and the learned Receiver to hold and invest the said sums in fixed deposit subject to further orders of this Hon'ble Court; (b) Leave be granted to your petitioner to raise current bills on the ld. Receiver, with copies thereof simultaneously endorsed to the plaintiffs and the defendant Nos. 2 and 3 respectively in respect of rent, service and air-conditioning charges in respect of the disputed shop room no. A-8 and shop room Nos. A-6 and A-7 on the ground floor of premises No. 1, shakespeare Sarani, Calcutta, on the basis of the rates leviable under the said agreement dated 9th September, 1991 between your petitioner and the plaintiffs and the plaintiffs and the defendant Nos. 2 and 3 be directed to pay such current bills within a fortnight from date of such presentation and the ld. Receiver to hold and invest the amounts received in fixed deposits subject to further orders of this Hon'ble Court; (c) Direction be given to the defendant Nos. 2 and 3 to pay Rs. 25,000/- to your petitioner in terms of order dated 7th April, 1992 as pleaded in paragraph 18 of the petition and leave be granted to accept such payment without prejudice to the rights of your petitioner; (d) Suitable direction be given to the ld. Receiver to enquire and submit a report to this Hon'ble Court as to the persons in actual physical possession, control management of the business in the said shop room nos. A-6 and A-7 on the ground floor of premises No. 1, Shakespeare sarani, Calcutta-700 0071, within such time as may seem fit and proper; (e) Ad interim order in terms of prayers (a), (b), (c) and (d) above; (f) Directions be given for expeditious hearing of the suit; (g) Such further order or orders be made and/or direction or directions be given as to this Hon'ble Court may seem fit and proper. "
(2.) THE facts giving rise to filing of such application in the said suit may be summed up thus: on 9th October, 1991, the respondent Nos. 1 and 2, as the plaintiffs, filed a suit before the Original Side of this Court being Suit No. 737 of 1991 against the respondent Nos. 3 to 5 and the appellant thereby praying for the following relief: " (a) Declaration that the plaintiffs are monthly tenants in respect of shop room being block Nos. A-6, A-7 and A-8 on the ground floor of premises no. 1, Shakespeare Sarani, Calcutta, more fully described in the schedule being Annexure 'a' to this plaint; (b) Perpetual injunction restraining the defendant Nos. 1, 2 and 3, their servants, agents and/or assigns from disturbing in any way the plaintiffs possession in and enjoyment of the said shop room being block Nos. A-6, a-7 and A-8 on the ground floor of the said premises with all existing facilities; (c) Receiver: (d) Possession of shop room Nos. A-6 and A-7 in premises No. 1, shakespeare Sarani, within the municipal limits of Calcutta from the defendant or any of them; (e) Costs; (g) Further or other reliefs. "
(3.) THE case made out in the plaint by the respondent Nos. l and 2 herein may be summed up thus: (a) Since 1981, the plaintiffs had been the tenants under the defendant no. 4 in respect of a shop room on the ground floor known as A-8 of the said premises on the terms and conditions contained in an agreement dated 14th May, 1981 and the plaintiffs had been carrying on business as dealers of the watches under the name and style of "ram's" at the said shop room, known as A-8. (b) Since 1972, the defendant Nos. l, 2 and 3 had been the tenants in respect of the shop rooms known as A-6 and A-7 on the ground floor of the said premises and those defendants had been carrying on business of shirting and suiting under the name and style of "akashdeep" at those rooms. (c) For sometime past, the plaintiffs were looking for additional shop rooms to cope with their expanding business and in the month of August 1991, b. S. Baid, a Director of the defendant No. 4, the landlord, approached the plaintiffs with an offer to let out the said shop rooms A-6 and A-7 which were adjacent to the plaintiffs' shop room, i. e. A-8, of the said premises. (d) In course of negotiation with the said B. S. Baid, the plaintiffs came to learn that the defendant Nos. l, 2 and 3, the tenants in respect of the shop rooms A-6 and A-7, had been defaulters in payment of rents and other charges including service and air-conditioning charges since June, 1981 and that those defendants had ceased to carry on any business from those shop rooms since 1981 and those shop rooms had been lying closed. (e) The said B. S. Baid further represented to the plaintiffs that in the aforesaid circumstances, the defendant Nos. 1, 2 and 3 expressed their desire to surrender their tenancy with effect from 31st August, 1991. (f) On the basis of representation made by B. S. Baid, a Director of the defendant No. 4, the plaintiffs agreed to surrender their existing tenancy in respect of the said shop room A-8 and to enter into a new tenancy agreement in respect of the shop rooms being Block Nos. A-6, A-7 and A-8 on the ground floor of the said premises. (g) Accordingly, by an agreement in writing dated 9th September, 1991, the plaintiffs were inducted as monthly tenants with effect from 1st september, 1991 in respect of the shop rooms being block Nos. A-6, A-7 and A-8 on the ground floor of the said premises at a monthly rental of rs. 625/- and other terms and conditions contained therein. (h) By a separate agreement in writing, also dated 9th September, 1991, the defendant No. 4, in considering of charges mentioned therein, agreed to provide various services and facilities to the plaintiffs for proper use and enjoyment of the demised shop rooms. (i) Pursuant to those two agreements, the plaintiffs by two separate cheques both dated 19th September, 1991 paid a sum of Rs. 52,000/- and rs. 625/- towards interest-free security deposits and rent to the defendant no. 4 who duly accepted the said payment. The defendant No. 4 also gave possession of those shop rooms to the plaintiffs on 1st September, 1991. (j) Immediately thereafter, the plaintiffs started the work of interior decoration and furnishing of the shop rooms and while those shop rooms were being decorated and furnished, the plaintiffs continued to transact business from a portion of those shop rooms. (k) On 7th October, 1991 at about 11 a. m. , some officers of the Park Street police Station accompanied by the defendant Nos. 2 and 3 and several other unknown persons forcibly dispossessed the plaintiffs from an area which was formerly known as block Nos. A-6 and A-7 and took away the keys of the said shop room after locking the same. The said police officers and the men forcibly put up a makeshift partition wall of plywood which they themselves had brought into the said shop room. The said sub-inspector also forced the plaintiff No. 1's husband and the father of the plaintiff No. 2 to write on a plain sheet of paper that such plywood partition was put up for safety. The police authorities took possession of the said shop room being block Nos. A-6 and A-7 of the said premises. (1) On the same day, namely, 7th October, 1991, at about 3 p. m. , the defendant Nos. 2 and 3 again came to the said shop room of the plaintiffs and forcefully obtained from the plaintiff No. 2 a statement in writing to the effect that he had handed over peaceful possession of the said shop room being block Nos. A-6 and A-7 on the ground floor of the said premises. ;