- (1.) The plaintiffs in this suit claim to be sub-tenants in respect of certain portions of the premises in suit. Defendant 1 is the superior landlord and defendants 2 and 3 are alleged to be the tenants of such superior landlord.
(2.) This is a suit by the plaintiffs for a declaration that the order for possession of the Small Causes Court, Calcutta, dated 2nd March 1948, passed against defendants 2 and 3 Bhupen Chandra Ghose and Lalan Chandra Ghose (herein-after referred to as the Ghose defendants) does not bind the plaintiffs and for a declaration that the plaintiffs are the sub-tenants of the premises in suit entitled to reside therein until the lawful termination of their sub-tenancy and for injunction restraining defendant 1 Sailendra Nath Saha Chaudhury (hereinafter referred to as the landlord defendant) from executing the Small Causes Court decree or order for possession against the plaintiffs.
(3.) The case of the plaintiffs is that they are and have been the sub-tenants of the Ghose defendants. The landlord defendant Sailen is the owner of the premises in suit under whom the Ghose defendants were the tenants. A notice to quit was given by the Ghose defendants to the plaintiffs on or about the 24th October 1946. The landlord defendant Sailen instituted proceedings in the Calcutta Small Causes Court being suit No. 1691 of 1947 against the Ghose defendants for possession of the said premises, In the Small Causes Court proceedings the landlord defendant Sailen did not implead the plaintiffs and the plaintiffs were not parties to such proceedings. The landlord defendant Sailen obtained an order for possession against Ghose defendants in those proceedings on 8th December 1947. In execution of the said order defendant Sailen has obtained a further order for eviction on 2nd March 1948. The Ghose defendants have not entered appearance in this suit. The landlord defendant Sailen has filed his written statement and disputes the plaintiff's claim to occupy the said premises.;