SHANTI AGARWALA Vs. ANIL CHORONE ROQUITTE

JUDGEMENT

(1.) The impugned Order No. 185 dated 11th April, 2014 passed by the learned Judge, 5th Bench, City Civil Court at Calcutta in Title Suit No. 1857 of 1999, rejecting the petition filed by petitioners (Defendant Nos. 3 to 9) dated 24.07.2012 under Section 151 C.P.C. soliciting direction from the Court determining the name of the person as landlord, to whom, they could pay rent for their tenancy during the pendency of the instant suit is the subject of challenge in this revisional application.

(2.) Learned advocate for the petitioner submitted that such direction was necessary, as after the demise of the original landlord, petitioners (Defendant Nos. 3 to 9) were put to a dilemma as to whom the present petitioners (Defendant Nos. 3 to 9) could safely deposit rent for their tenancy in respect of 22/1A Jawahar Lal Neheru Road, Kolkata - 700087, though their tenancy was created by the father of the plaintiffs. It was contended by the learned advocate for the petitioners that after the demise of the father of the present plaintiffs, who created the tenancy of the petitioners, there was deliberate refusal by the plaintiffs to refuse the rent on being tendered.

(3.) Learned advocates for the opposite parties comprising two set (one for opposite party Nos. 1 to 3, and another set for opposite party No.4) challenged this revisional application conjointly submitting that there could not be granted any such direction, as sought for, on the ground that there had been a separate suit pending before the Small Causes Court, Calcutta for eviction of the present petitioners, and in connection with which defendants had been depositing rent in the name of the defendant No.1, as landlord. Thus, according to opposite parties, the question of depositing rent in the name of a person, to be determined by the Court in connection with a separate suit for declaration and permanent injunction, would not be permissible.