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1985 Supreme(Cal) 80

A.K.SEN, SUDHIR RANJAN ROY
INDIAN CABLE CO. LTD. – Appellant
Versus
SUMITRA CHAKRABORTY – Respondent


Advocates Appeared:
AMITAVA GUHA, AMIYA MUKHERJI, NANI KUMAR CHAKRAVARTY, S.K.KAPOOR

Judgement Key Points

Based on the provided legal document, here are the key points regarding the case Indian Cable Co. Ltd. v. Sumitra Chakraborty:

Legal Principles Established * Courts possess the power to grant mandatory injunctions on interlocutory applications in exceptional cases, particularly when a defendant is found to be "stealing a march" on the plaintiff to forestall legal proceedings (!) (!) . * There is no absolute bar in law preventing a court from granting an interlocutory relief that amounts to granting the main relief claimed in the suit, provided the circumstances are exceptional (!) . * A court should not hesitate to restore the status quo ante via a mandatory injunction even if the status quo at the date of filing the suit differs from the original state, especially when that change was caused by the defendant's wrongful act (!) (!) (!) . * A tenant who has been wrongfully dispossessed is entitled to restoration of possession even at the interlocutory stage (!) .

Facts of the Case * The plaintiff company, a monthly tenant, was dispossessed from the suit property by the defendant landlady in a surreptitious manner on March 24, 1982, in breach of the West Bengal Premises Tenancy Act (!) (!) . * The dispossession was effected after the defendant received rent in advance and allegedly in collusion with a police officer who took inventory and handed over possession to the defendant without proper inquiry or notice to the tenant (!) (!) . * The defendant filed a counter-suit and a caveat immediately after taking possession, attempting to legitimize her wrongful act (!) (!) . * The plaintiff was unaware of the dispossession until the defendant disclosed it in her affidavit-in-opposition to an earlier suit regarding access issues (!) (!) .

Issues Decided * Whether the present suit for recovery of possession was barred under Order 2, Rule 2 of the Civil Procedure Code due to the pendency of an earlier suit (!) (!) . * Whether the plaintiff was entitled to an interlocutory injunction for restoration of possession, which effectively grants the main relief of the suit (!) (!) .

Court's Findings and Decision * The suit was not barred under Order 2, Rule 2 because the cause of action in the present suit (dispossession on March 24, 1982) was totally different from the earlier suit (harassment regarding access before March 15, 1982) (!) . * The defendant's conduct was deemed mala fide and exceptional, as she wrongfully dispossessed the tenant to forestall legal proceedings, aided by an abuse of process by the police (!) (!) . * The High Court allowed the appeal, set aside the trial court's order, and granted an interim injunction directing the restoration of possession to the plaintiff (!) .


ANIL K. SEN, J.

( 1 ) THIS appeal from an original order is by the plaintiff, the Indian Cable Company Limited (hereinafter referred to as the plaintiff company ). The order impugned is one dated May 12, 1983, passed by the learned Subordinate Judge, 3rd Court, Alipore, thereby refusing a prayer for injunction made by the plaintiff on an application under O. 30, Rr. 1 and 2 read with S. 151 of the Civil P. C. Such an application was filed in Title Suit No. 206 of 1982 instituted on September 23, 1982. The plaintiff's case as made in the plaint and in the application for injunction is shortly as follows :

( 2 ) SINCE July 1,1970, the plaintiff-company had been a monthly tenant under the defendant/respondent in respect of the suit premises which is a first floor flat at premises No. 510, Jodhpur Park, Calcutta, initially at the monthly rent of Rs. 1,000/- which was increased on the request of the defendant to Rs. 1,184/- with effect from April 1, 1981. The suit property was being used by the plaintiff company for the purpose of providing residential accommodation to its officers and one Sri R. N. Gupta an officer of the plaintiff-company was in occupation of the suit premises up to


































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