JUDGMENT

Dharmadhikari J.-Leave to appeal is granted.

2. Long period of more than 45 years spent in this litigation amply demonstrates how clever parties by adopting all conceivable tactics succeed in delaying justice and thus bring disrepute to the justice delivery system.

3. The appellants (who will hereinafter be referred to as the landlord ) have acquired from the original owner title to building No.2 of which ground floor, area 2537 Sq. Ft in Park Street, Calcutta are the leased premises in dispute between the parties before us. The previous owner of the premises obtained a compromise decree of eviction on 27.4.1955 against Allenberry & Company limited (respondent No.3) which was the tenant in the leased premises. Presently in the said premises, a well-known restaurant in the trade name of "Waldorf Restaurant" is being run by registered partnership firm of that name (Respondent No. 1 herein and hereinafter shortly referred to as the firm ).

4. Under the terms of the compromise decree, the tenant -Allenberry & Co. (respondent No.3 herein), has vacated the suit premises. The firm in assertion of its claim to the status of sub-tenant has been successful for the past 45 years in