AI Structured Summary
Not yet generated for this judgment
Judgment
@JUDGMENT-JUDGMENT
The Court : Mr Abhrajit Mitra, senior Advocate appearing on behalf of the plaintiff/petitioner submits that an eighty-one years old lease has expired in the year 2018. He submits that the plaintiff has given a prior notice for eviction and thereafter filed this suit. He presently submits that an ad interim order of injunction be passed against the defendants from creating any third party rights in the suit premises.
Mr. Dhruba Ghosh, Senior Advocate appearing on behalf of an intervenor, Sriram Ojha, a member of the interim board of management of the defendant company, submits that certain applications filed by his clients are pending before this High Court. He further submits that the matter be adjourned for a period of two weeks so that his applications can be heard out.
Mr. Mainak Bose, Counsel appearing on behalf of another intervenor, Navin Chandra Ojha, a member of the interim board of management of the defendant, submits that the suit that has been filed is without jurisdiction and a suit only lies before the Small Causes Court. He submits that the rent being paid is only Rs.2832 and, therefore, is covered by the West Bengal Premises Tenancy Act, 1997.
In reply, Mr. Mitra, submits that a Division Bench of this High Court has held that a leasehold property over 21 years falls within the ambit of the Transfer of Property Act and not West Bengal Premises Tenancy Act.
I have heard learned Advocates appearing on behalf of the parties. It is to be noted that vakalatnamas have not been filed by the intervenors. In my view, the prayer made by Mr. Mitra is an innocuous prayer seeking protection of the property restraining the defendant from creating third party rights going forward. The confusion that exists within the defendant company as to who is to represent the defendant, cannot be a ground for refusing the limited prayer of protection that has been sought by the plaintiff. Accordingly, I direct the defendant not to create any third party rights. This limited injunction is given for a period of two weeks with liberty to the defendant to apply for eviction/modification of the same.
The intervenors shall also be at liberty to file applications for intervention.
Let both the matters appear on 15th September, 2020.