Mookerjee, J. - (1.) This appeal is by the plaintiffs and it arises out of a suit for ejectment and mesne profits.
(2.) The suit was brought in respect of Premises No. 8, Baithak-khana 2nd Lane. It is instituted in the City Civil Court, Calcutta, and it was contested at the hearing by Defendant No.2, who claimed to be a sub-tenant in respect of the disputed premises, the tenant defendant being Defendant No.1. The tenant was Messrs Dwariks Sweets (India) Ltd. which had gone into liquidation and was represented in the suit by the Official Receiver of this Court, who was appointed by this Court Liquidator for the purpose of the above liquidation.
(3.) The suit has been dismissed by the learned trial Judge upon the view that the City Civil Court, in which the suit was instituted, had no jurisdiction to entertain the present suit. On the merits, however, the learned trial Judge has recorded some findings prima facie in favour of the plaintiffs, but those findings, except so far as they concern Issue Nos. 1 and 2 of the suit, appear to be some what tentative and cannot be regarded as final findings for the purpose of disposal of the present suit. The above two Issue Nos. 1 and 2 were in thee terms: (1) Are the plaintiffs owners of the suit premises? (2) Is the alleged notice of ejectment dated April 18, 1958, valid and binding against Defendant No.?;