Bhaskar Bhattacharya, J. - (1.) This second appeal is at the instance of a plaintiff in a suit for declaration and injunction and is directed against the judgment and decree dated November 19, 1998 passed by the learned Additional District Judge, 5th Court, Alipore in Title Suit No. 270 of 1998 thereby affirming those dated September 11, 1998 passed by the learned Civil Judge, Junior Division, 6th Court, Alipore in Title Suit No. 144 of 1997.
(2.) The appellant herein filed a suit being Title Suit No. 144 of 1996 in the 4th Court of learned Munsif, Alipore which had since been transferred to the 6th Court of learned Civil Judge, Junior Division, Alipore and was renumbered as Title Suit No. 144 of 1997. In the said suit reliefs claimed by the appellant are quoted hereunder : "a) For a declaration in respect of the tenancy right of the suit property as more fully described in the schedule hereunder; b) For a declaration that the decree passed in Title Suit No. 53 of 1991 of the 2nd Court of Addl. Munsif at Alipore, is not in any way binding upon the plaintiff and the plaintiff cannot be disposed from the suit property by operation of such decree obtained fraudulently; c) For a declaration that the defendants especially defendant Nos. 1, 2 and 3 cannot in any manner execute Title Execution Case No. 8 of 1996 as against the plaintiff in any manner whatsoever; d) For a permanent injunction restraining the defendants, their men, agents and all person acting on their behalf from in any manner disturbing with the peaceful possession of the plaintiff in respect of the suit property more fully described in the schedule hereunder in terms of the alleged compromise decree in Title Suit No. 53 of 1991 of the 2nd Court of Addl. Munsif, Alipore and/or through Title Execution Case No. 8 of 1996 of the said court; e) Temporary and/or ad-interim order of injunction; f) Receiver; g) Costs of the suit; h) For such other relief or reliefs to which the plaintiff may be found entitled under the law and equity."
(3.) One Puran Chand Jain, the predecessor-in-interest of the respondents No. 1 to 3 filed a suit for eviction being Title Suit No. 142 of 1983 which was renumbered as Title Suit No. 53 of 1991 against respondent No. 4 on the ground of sub-letting and violation of Clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act. Ultimately said suit was compromised on April 19, 1996 whereby the respondent No. 4 agreed to deliver possession within 3 months from the date of compromise decree. Puran Chand Jain filed the Execution Case being Title Execution Case No. 8 of 1996 for execution of the said compromise decree against respondent No. 4.;