JUDGMENT - 1. This is an appeal from Order refusing to grant art injunction in favour of the plaintiff applicant. The short facts are that the defendant is an employee of the Century Mills Ltd., and as such employee he is in occupation of the room in dispute belonging to the century MILLS. In or about August of 1958, the defendant allowed the plaintiff to stay with him, as he says, to facilitate medical treatment of his ailing wife. The plaintiff, however, thereafter started asserting his sub-tenancy in respect of the room which jeopardized defendants own tenancy with the Century Mills. The defendant thereupon commenced proceedings under Section 41 of tin Presidency Small cause Courts Act, in February 1960. The plaintiff filed his statement of defence on the 29th April 1960. On 7th August 1962, when the case reached hearing the parties obtained a consent order as follows;

"The defendant to vacate in four months. No order as to costs. The defendant will be at liberty to file a suit for declaration regarding his right of sub-tenancy in the suit premises within the abovementioned period of four months, After this consent order the plaintiff instituted a suit in the City Civil Court for

Click Here to Read the rest of this document