( 1 ) THE short point requiring determination in this application is whether the applicants, Finlay Mills Ltd. and the Gold Mohar Mills Ltd. , are entitled to an order of stay of a subsequent suit filed in this Court by the plaintiff Co. under Section 10 of the Civil P. C. ? To appreciate the contentions that have been raised before the Court, it will be necessary to give a very brief resume of the material facts not in dispute. The plaintiffs are the tenants of the entire ground floor of premises No. 12-B/1. Park Street, Calcutta and the defendant Mills are in occupation of the premises under an agreement dt. Dec. 26, 1975, contended by the plaintiff company to be a leave and licence agreement, whilst the defendants asserting that a greater interest is created in its favour thereunder.

( 2 ) ON or about Nov. 8, 1979 the applicants filed Title Suit No. 2013 of 1979 in the City Civil Court at Calcutta, inter alia, praying for a declaration that the notice dt. Aug. 29. 1979 issued by the respondent Co. is invalid, inoperative and void ab initio and that the agreement dt. Dec. 26, 1975 is still subsisting and that the defendant No. 1 is not entitled to unilaterally