( 1 ) THIS is a suit for a declaration that the plaintiffs are the tenants of one shop-room and two ledges in stall No. 2 of Block P of the College Street Market, Calcutta, and they are entitled to remain in possession thereof as such tenants, for an injunction restraining the defendant, its servants and asents from in any way interfering with the plaintiffs' possession of the said shop and the said ledges and for specific performance of an agreement to allot and let out the said shoproom and the said ledges to the plaintiffs.

( 2 ) MR. B C. Dutt, the learned counsel for the defendant, has raised two preliminary issues as to the maintainability of this suit. The issues are: 1. Is this suit maintainable in the absence of notice under Section 538 Calcutta Municipal Act, 1923? 2. Have the plaintiffs any cause of action against the defendant? it is agreed that I shall decide these preliminary issues first and for the purpose of these issues the farts alleged in the plaint are admitted

( 3 ) THE case of the plaintiffs as laid in the plaint is that the plaintiffs are occupying since 1933 one shoproom and two ledges in stall No. 2 of Block F of the College Street Market. Calcut