- (1.) The Court: This is a suit for ejectment of a premises tenant being i the United Bank of India and for mesne profits.
(2.) The suit was originally filed by Cooke and Kelvey Private Ltd. claiming to be the owner of the premises No. 20, Old Court House Street, Calcutta on the ground of reasonable requirement, for illegal transfer/assignment/ sub-letting, for violation by the tenant and the alleged transferee/assignee/ sub-tenant of provisions of (m), (a) and (p) of Section 108 of the Transfer of Property Act and for causing annoyance and nuisance of the plaintiff and other tenants.
(3.) As during the pendency of this suit a scheme of arrangement amongst Cooke and Kelvey Private Ltd., Cooke and Kelvey (Delhi) Private Ltd. and Cooke and Kelvey Properties Private Ltd. was duly approved by the High Court, Calcutta by its order dated March 25, 1986 as modified and/or corrected by two subsequent orders- respectively dated August 12, 1986 and December 24, 1986 the right, title and interest of the suit premises became vested in and transferred to the Cooke and Kelvey Properties Private Ltd. with effect from April 1, 1985 and Cooke and Kelvey Properties Private Ltd. has been substituted for the original plaintiff. It is alleged that the Cooke and Kelvey Properties Private Ltd. has thus become the owner by order of the High Court, Calcutta and has become entitled to continue the present legal proceeding initiated against the present defendant.;