J. Bhattacharya, J. - (1.) This Second Appeal is directed against the judgment and decree dated 23rd September, 2003 passed by the learned Additional District Judge, 6th Court at Alipore in Title Appeal No. 402 of 2001 heard analogously with Title Appeal No. 3 of 2002 affirming the judgment and decree passed by the learned Civil Judge (Senior Division), 1st Court at Alipore in Title Suit No. 30 of 1990 heard analogously with Title Suit No. 68 of 1991. Two suits were filed by the parties against each other.
(2.) Title Suit No. 30 of 1990 was filed by Smt. Provabati Das the respondent No. 1 herein inter alia praying for a decree for eviction of her licensee namely Mrs. Usha Rohatgi since deceased, on termination of her licence. Since the said licensee was claiming her tenancy right in respect of the suit property, an alternative relief for eviction of the said defendant was prayed for, upon service of notice under Sec. 13(6) of the West Bengal Premises Tenancy Act on various grounds including default in payment of rent, reasonable requirement etc.
(3.) The said Mrs. Usha Rohatgi along with her husband Dr. Vikramjit Singh Rohatgi filed a suit being Title Suit No. 68 of 1991 against Smt. Provabati Das and the CESC authority. In the said suit the plaintiffs therein prayed for declaration that the plaintiff No. 1 is the tenant in respect of the suit property under Provabati Das. Permanent injunction was sought for against Provabati Das and her men and agent for restraining them from causing any disturbance to Smt. Rohatgi and the members of her family in their enjoyment of the suit property. A decree for permanent injunction was also sought for against the CESC authority for restraining them from deleting the name of the plaintiff No. 2 namely Dr. Rohatgi as registered consumer from their records. Several other incidental reliefs by way of permanent injunction and mandatory injunction were prayed for by the said plaintiff against Mrs. Provabati Das in the said suit.;