K.J.Sengupta, J. - (1.) This appeal is directed against the order No. 4 dated 18th of December, 1996 passed by the learned judge, 3rd Bench, City Civil Court at Calcutta in Title Suit No. 3660 of 1996, granting an ad interim injunction in favour of the respondent No. 1 restraining the appellants from evicting him from the suit premises till disposal of the injunction application.
(2.) In short, the facts of the case inter alia, are that the appellants are the owners of premises No. 30, Creeck Row, Calcutta-14. The respondent No. 2 was the licensee in respect of 7 rooms on the first floor of the suit premises with clear understanding that he would vacate the suit premises as and when demanded by the owners. Since, in spite of repeated demands, the licensee did not vacate the suit premises, the appellants along with their mother Sudhanghshudebi Moitra, since deceased, filed SCC Suit No. 2766 of 1982 under section 41 of the Presidency Small Cause Courts Act for eviction of the said licensee namely, the respondent No. 2. In the said suit one Badal Ch. Sen was made defendant No. 2, who was living along with the respondent No. 2 in the suit premises at the relevant time, without any authority.
(3.) In the said suit, both the respondent No. 2 and Badal Ch. Sen entered appearance, but the written statement was filed only by the respondent No. 2 denying and disputing the allegations made in the plaint. Ultimately, however, as the respondent No. 2 did not appear when the suit was called for hearing, the same was decreed ex parte against the defendants on 13th of March, 1986. The said decree was put into execution for taking delivery of possession of the suit premises, by the plaintiffs but the same was resisted by the respondent no. 2 and as such, the appellants prayed for appropriate police help. Accordingly, the bailif went to the site for delivering possession of the suit premises with the assistance of the police, but as the police assistance was inadequate, possession could not be delivered. The appellants thereafter, filed an application for more police help which was allowed by the executing Court.;