A. K. BHATTACHARJI, J.

( 1 ) -IN this revisional petition the petitioner has challenged an order of the 5th Judicial Magistrate, Alipore rejecting his application for giving custody of certain seized articles. The petitioner's case is that be is a monthly tenant in respect of one flat on the 1st floor and one garage on the ground floor at premises no. 10, Sunny Park, P. S. Ballygunge, Calcutta, under Opposite Party No. 3. The petitioner claims to be in possession of the said tenanted premises on and from the 16th October, 1991. It is alleged that the men and agents of M/s. Superintendent Co. of India Pvt. Ltd. (of which opposite party No. 2 is a Director) (hereinafter referred to as the company) are harassing and humiliating the petitioner and his family members and trying to take forcible possession of his tenanted premises. As a result various criminal and civil proceedings were started against each other. On the 17th January, 1992, the petitioner filed a suit against the opposite party No. 3 inter alia for declaration and injunction and for other reliefs and in that suit the petitioner filed an application under Order 39, Rules (1) and (2) for an order of injunction restraining

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