Manoranjan Mallick, J. - (1.) This is suit for recovery of possession and mandatory injunction filed by the plaintiffs under the following circumstances
(2.) The plaintiff nos. 1 and 2 at all material times were and still are the partners of the plaintiff No. 3. The defendant Nos. 6 and 7 are the sons of the plaintiff no. 1. At all material times the original no. 4. was and/or is the landlord and/or was entitled to collect rent of premises No. 67/43 Strand Road, Calcutta, the front portion whereof is of tin shed. The defendant no. 5 at all material times was and is a partner of the defendant no. 4. On or about the 20th July 1976 the defendant no. 4 let out to the plaintiff no. 1 and 2 a shop room and a godown (tin shed portion) being a part of the said premises No. 67/43 Strand Road, Calcutta and marked with the letter 'A' and 'B' in the sketch plan filed along with the plaint and marked with the letter X. The defendant no. 4 granted to the plaintiff no. 1 and 2 a rent receipt for the said shop room being the portion marked 'A' in the sketch plan at the rate of Rs. 800/- per month arid another rent receipt for the godown being the portion marked 'B' in the said sketch plan at the rate of Rs. 400/- per month. The plaintiff no. 1 and 2 took the tenancy for the plaintiff no. 3. On or about 20th July 1976 the defendant no. 4 delivered possession to the plaintiff to the parties marked 'A' and 'B' to the sketch plan and since then the plaintiff have been in occupation thereof as a monthly tenant and carrying on business as whole sale traders in sugar, khandsari etc.
(3.) On or about the 20th July 1976 the plaintiff no. 1 took on rent from the defendant no. 4 a godown in the back portion of the ground floor of the said premises no. 67/43 Strand Road, Calcutta being the portion marked 'C' in the sketch plan at the monthly rent of Rs. 800/- in the name of the defendant no. 6 and 7 and obtained vacant possession thereof. In the said godown the goods of the plaintiff No. 3 are stored. The entrance of the said godown is through the main door of the shop room. The said godown is connected with the said godown by a door. On 18th December 1976 the said shop and godown remained opened till about 11-30 p.m. for the purpose of taking delivery of goods that had arrived that night for storing the same in the said two godowns. After storing the goods the main gate of the shop room was locked. On the morning of 19th December 1976 the plaintiff came to know that the locks of the plaintiffs shop and godowns had been broken in the night and a theft had taken place. the plaintiff no. 1 went to the said premises and found that the locks of the main gate of the shop room and the outer locks of the other gates had been broken and removed and different locks had been put their places. The plaintiff no. 1 then lodged a diary at Jorabagan Police Station.;