- (1.) THIS first appeal is at the instance of the defendant in a suit for declaration and permanent injunction and is directed against the judgment and decree dated 15th May, 2002, passed by the learned Judge, Thirteen Bench, City Civil Court at Calcutta, in Title Suit no. 769 of 2001, thereby declaring that the plaintiffs and the defendant no. 1 are the joint owners in respect of the business in the suit premises and the defendant No. 1 was directed to render account of the joint business to the plaintiffs and to pay the plaintiffs' share of profit of the said business. At the same time, the defendant No. 2 was directed to mutate and record the name of the plaintiffs along with the defendant No. 1 as joint tenant in respect of the suit premises and the defendant No. 1 was restrained from disposing of the business in any manner without the consent of the plaintiffs.
(2.) BEING dissatisfied, the defendant No. 1 has come up with the present first appeal.
(3.) THE plaintiffs/respondent Nos. 1 to 5 filed a suit against the appellant and the respondent No. 6 in the City Civil Court at Calcutta a suit being Title Suit No. 769 of 2001 thereby praying for the following relief: - " (a) Declaration that the plaintiffs and the defendant No. 1 are the joint owners in respect of the business carried on under the name and style of M/s. Shibo Durga Paper Concern at premises no. 42/1b, Baithakkhana Road, under Police Station Muchipara, calcutta; (b) Declaration that the plaintiffs and the defendant No. 1 are the tenants in common and/or joint tenants in respect of the suit premises fully described in the schedule written therein; (c) Mandatory injunction directing the defendant No. 1 to render the accounts of the joint business carried on under the name and style of M/s. Shibo Durga Paper Concern at Premises No. 42/1b, baithakkhana Road, and to pay the plaintiffs' share of profit in the said business; (d) Mandatory injunction directing the defendant No. 2 to mutate and/or record the names of the plaintiffs along with the defendant No. 1 as tenants in common and/or joint tenants in respect of the suit premises fully described in the schedule written herein and to issue rent receipt accordingly; (e) Permanent injunction restraining the defendant No. 1, his men, agents, servants and associates from transferring assigning, disposing of and/or encumbering the business carried on under the name and style of M/s. Shibo Durga Paper Concern at Premises no. 42/1b, Baithakkhana Road, Calcutta, in any manner whatsoever; (f) Permanent injunction restraining the defendants and each of them, their men, agents, servants and associates from transferring, assigning, and/or extinguishing the right of tenancy in respect of the suit premises in exclusion of the plaintiffs and/or encumbering the suit premises fully described in the schedule written herein in any manner whatsoever; (g) Receiver; (h) Temporary injunction in terms of Prayers (d), (e) and (f)hereinabove; (i) All costs of the suit including Advocate's fees; g) Such further relief or reliefs to which the plaintiffs are entitled to. ";