PRASENJIT MANDAL, J.

1. THIS application is at the instance of the petitioner and is directed against the order dated December 4, 2008 passed by the Municipal Building Tribunal Kolkata Municipal Corporation in Appeal No.BT 40 of 2003 thereby dismissing the said appeal on contest without costs filed by the appellant/opposite party no.1 herein.

2. THE short fact is that the petitioner is one of the owners of the premises no.3, Outram Street, Kolkata 700 017, being one of the trustees and beneficiaries of the Trust Estate of Bankim Chandra Roy together with Trust Estate of Kalachand Roy. THE owners of the said premises gave the tenancy of the said premises to the Outram Club, an unregistered association represented by the then President on July 25, 1992. Since then, the said club is in possession of the said tenanted premises. On getting the tenancy of the said premises, the Outram Club raised certain unauthorised constructions and it failed to pay any heed to the warnings and express provisions of the owners against the illegal acts. For that reason, one of the owners of the said property filed a suit for declaration, mandatory injunction and other consequential reliefs again