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Ownership of the building changed from Arun Kumar jalan and it now vests with the Silverline Forum Private Limited, (the appellant herein) as per registered conveyance deed dated 24-1-1995. Appellant filed a suit for ejectment of the tenant against first respondent under the provisions of West Bengal premises Tenancy Act, 1956, (hereinafter referred to as the "W.B. Act") on two grounds. First is that the tenant respondent had sublet the building without the consent of the landlord and second is that the tenant used it in such a manner as to impair its condition. A decree for ejectment was passed ex-parte on 12-12-1995. Before appellant set out with execution proceedings second respondent- sub-tenant filed a suit (O.S. No. 2997/95) against appellant and some others for a declaration and consequential injunction orders. Though initially second respondent got an interim order injunction against ejectment it was subsequent vacated on 15-12-1995, but that suit is still pending.