( 1 ) THIS is an appeal by the plaintiff of Title Suit No. 10/80 now pending in the 4th Bench of the City Civil Court at Calcutta and is directed against an order dated September 9, 1980 refusing the plaintiff appellant's prayer for temporary injunction under Order 39 Rules 1 and 2 of the Civil Procedure Code.

( 2 ) THE plaintiff appellant (hereinafter called the plaintiff) instituted the suit for a declaration that the plaintiff is a tenant in respect of the suit premises which comprises one room on the ground floor of 49 Rafi Ahmed Qidwai Road and for further declaration that an order passed by the learned Executive Magistrate dated December 21, 1979 arising out of a proceeding under S. 144 Cr. P. C. is not binding on her. Claim includes a prayer for permanent injunction restraining defendant No. 1 from disturbing the peaceful possession of the plaintiff. The case of the plaintiff in brief is as follows:

( 3 ) THE plaintiff is tenant under the defendant No. 2 in respect of the suit room and has been in occupation thereof for more than 24 years. On March 29, 1978 the defendant No. 1 insisted for letting out the suit premises to him but the plaintiff refused to do so and she had n

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