SANJIB BANERJEE, J.

The plaintiff in the earlier suit has, by operation of law, come to be entitled to the rights of Burmah Shell Oil Storage and Distribution Company of India Ltd. CS No. 281 of 2005 was filed against the first defendant company and the person who was seemingly in control thereof for a declaration that the plaintiff as lessee of premises no. 14A, R.N. Mukherjee Road, Calcutta 700001, was entitled to run and administer its retail outlet thereat and a perpetual injunction restraining the defendants from encroaching on the land or interfering with the plaintiff and its agents carrying on business thereat. On an application by it, the third defendant was added as a party to the suit since it claimed to be the lessor in respect of the suit premises. Such added defendant in the earlier suit is the plaintiff in the subsequent suit where the plaintiff in the earlier suit is the only defendant. Burmah Shell obtained a lease of the premises for a period of 10 years in the year 1957. Under a fresh agreement of April 30, 1968 Burmah Shell was granted a lease of the land measuring about four cottah with effect from October 1, 1967 for a period of 21 years. The documen