BHASKAR BHATTACHARYA, J.

(1.) This appeal is at the instance of the defendant No.4 in a suit for declaration and permanent injunction and is directed against order dated 19th June, 1998 as modified on 24th June, 1998 passed by a learned Single Judge of this Court on the application filed by the appellant in the suit by which the appellant prayed for the following orders: "(a) The ld. Receiver be directed to recover, realise and receive the sum of Rs. 1,08,573.79 for the period up to November, 1997 from the plaintiffs in respect of shop room No.A-8 as per Annexure X-21 and the sum of Rs.9,66,356.29 for the period up to November, 1997 from the defendant Nos.2 and 3 in respect of shop room Nos.A-6 and A-7 as per Annexure X-20 and the plaintiffs and the defendant Nos.2 and 3 be directed to pay the said respective sums of Rs.1,08,573.79 as per Annexure X-21 and Rs.9,66,356.29 as per Annexure X20 to the learned Receiver within a week from the date of order to be made herein and the learned Receiver to hold and invest the said sums in fixed deposit subject to further orders of this Honble Court; (b) Leave be granted to your petitioner to raise current bills on the Id. Receiver, with copies thereof simultaneously endorsed to the plaintiffs and the defendant Nos.2 and 3 respectively in respect of rent, service and air-conditioning charges in respect of the disputed shop room No.A-8 and shop room Nos.A-6 and A-7 on the ground floor of premises No. 1, Shakespeare Sarani, Calcutta, on the basis of the rates leviable under the said agreement dated 9th September, 1991 between your petitioner and the plaintiffs and the plaintiffs and the defendant Nos.2 and 3 be directed to pay such current bills within a fortnight from date of such presentation and the ld. Receiver to hold and invest the amounts received in fixed deposits subject to further orders of this Honble Court; (c) Direction be given to the defendant Nos.2 and 3 to pay Rs. 25,000/- to your petitioner in terms of order dated 7th April, 1992 as pleaded in paragraph 18 of the petition and leave be granted to accept such payment without prejudice to the rights of your petitioner; (d) Suitable direction be given to the ld. Receiver to enquire and submit a report to this Honble Court as to the persons in actual physical possession, control management of the business in the said shop room Nos.A-6 and A-7 on the ground floor of premises No.1, Shakespeare Sarani, Calcutta-700 0071, within such time as may seem fit and proper; (e) Ad interim order in terms of prayers (a), (b), (c) and (d) above; (f) Directions be given for expeditious hearing of the suit; (g) Such further order or orders be made and/or direction or directions be given as to this Honble Court may seem fit and proper."

(2.) The facts giving rise to filing of such application in the said suit may be summed up thus: On 9th October, 1991, the respondent Nos.1 and 2, as the plaintiffs, filed a suit before the Original Side of this Court being Suit No.737 of 1991 against the respondent Nos.3 to 5 and the appellant thereby praying for the following relief: "(a) Declaration that the plaintiffs are monthly tenants in respect of shop room being block Nos.A-6, A-7 and A-8 on the ground floor of premises No.1, Shakespeare Sarani, Calcutta, more fully described in the schedule being Annexure A to this plaint; (b) Perpetual injunction restraining the defendant Nos.1, 2 and 3, their servants, agents and/or assigns from disturbing in any way the plaintiffs possession in and enjoyment of the said shop room being block Nos.A-6, A-7 and A-8 on the ground floor of the said premises with all existing facilities; (c) Receiver: (d) Possession of shop room Nos.A-6 and A-7 in premises No.1, Shakespeare Sarani, within the municipal limits of Calcutta from the defendant or any of them; (e) Costs; (g) Further or other reliefs."

(3.) The case made out in the plaint by the respondent Nos. l and 2 herein may be summed up thus: (a) Since 1981, the