Altamas Kabir, J. : On 14th September, 1994, the respondent Nos. 1 to 20 in this appeal filed a suit against the appellants and the other respondents before the learned Assistant District Judge, Sealdah, being Title Suit No. 180 of 1994, for the following amongst other reliefs, namely,

(a) Relief be granted to the plaintiffs to institute the said suit in representative capacity under the provisions of Order 1 Rule 8 of the Code of Civil Procedure;

(b) Decree for declaration that the plaintiffs and the other flat owners of the said premises have joint right, title and interest in the ground floor and adjoining open space therein and are legally entitled to enjoy the common facilities and amenities by virtue of their ownership in the respective flats of the said premises No. 194A, Satin Sen Sarani, Calcutta, described in the schedule to the plaint.

(c) Perpetual injunction restraining the defendants and their servants and agents from selling, alienating transferring and/or encumbering any part of the ground floor including the adjoining open space of the said house and premises as mentioned within the property line as indicated in the sanctioned plan of the said premises No.