Document Fragment View
Fragment Information
Showing contexts for: ejectment execution in J.C. Chakraborty And Co. And Ors. vs Shantilal Rampuria And Ors. on 10 January, 1997Matching Fragments
1. The appellants being the plaintiffs in Title Suit No. 235 of 1991 of the City Civil Court, 7th Bench, Calcutta are aggrieved of the order dated 19.4.1991 of the said court, whereby their prayer for injunction under Order 39 Rule 1 & 2 read with Section 151 of the CPC of restraining the superior-landlords from executing the decree for ejectment in execution case No. 103 of 1990 arising out of Ejectment Suit No. 650 of 1972 was refused.
2. Whereas the demised premises situate in the second floor of the holding No. 8/B, Lal Bazar Street, P.S. Hare Street, Calcutta has already undergone litigation for twice between the superior landlords and the tenant and a decision has been ultimately made by the Supreme Court in favour of the landlords upholding their right to evict the tenant therefrom, a fresh suit, suit No. 235 of 1991, has been initiated now by the sub-tenants claiming independent right of tenancy so as to avoid enforcement of the earlier decree for ejectment. Since the sub-tenants were not parties to the earlier suit, they have pleaded inter alia that the decree passed in the earlier suit was not enforceable against them.