S.B.Sinha, J. - (1.) These two appeals which are directed against a common judgment and order dated 5.3.98 passed by Sri K.J. Majumdar, learned Judge 12th Bench, City Civil Court at Calcutta in Title Suit No. 23/1998 whereby and whereunder the said learned court granted an interim injunction in favour of the plaintiff and against the defendant and also dismissed the application filed by the defendant/appellant under Order 39 Rule 4 of the Code of Civil Procedure, were heard together and are being disposed of by this common judgment.
(2.) The plaintiff/respondent No. 1 is represented by one Ranjit Dhar, said to be Chairman of an Ad-hoc Committee. A suit was filed against the defendant praying, inter alia, for the following reliefs: "(a) Declaration that the defendant has no right or authority to function or act or to hold himself out or to represent himself as Hony. General Secretary of the plaintiff association or to issue any notice/circular or to give any effect to the notice dated 30th December 1997 or to hold any meeting on 7th January 1998 or any other date on behalf of the plaintiff. (b) Permanent injunction restraining the defendant from functioning or acting or holding himself out or representing himself to be the Hony. General Secretary of the plaintiff Association or from issuing any notice/circular or from giving any effect to the purported notice dated 30th December 1997 or from holding the meeting purportedly fixed on 7th January 1998 or on any other date."
(3.) The basic fact of the matter is not in dispute.;