JUDGMENT :

SOUMEN SEN, J.

1. The appellant claims herself to be the real tenant of the premises in question.

2. It is claimed that one Mr. L.D. Armstead, since deceased, was a tenant in respect of the suit premises and she used to run a school under the name and style of ‘Harrow Hall’ as a sole owner on payment of monthly rent under the Karnani Properties Private Limited.

3. The appellant's case in short was that Mrs. L.D. Armstead wrote a letter on 19th November, 1974 to M/s. Karnani Properties Limited bringing to the attention that somebody closed the gate of Karnani Mansion and causing inconvenience to the school students. Subsequently, Mrs. L.D. Armstead incorporated a registered society under the name and style of 'Harrow Hall' which was registered on 13th May, 1987 having Registration No. S/55161 of 1987-88 under the West Bengal Societies Registration Act. Although the said society became a separate entity but Mrs. L.D. Armstead continued to be a tenant in her individual capacity in respect of the suit property. Even though she was not a member of the society, yet her relationship with the society was that of an agent. Mrs. L.D. Armstead died on 21st January, 1995.

4. The present appellant applicant claims herself to be the daughter-in-law (son's wife) and claims to have inherited the estate right in respect of the suit property.

5. On the basis of such averment, the present appellant filed an application being GA/8/2023 praying for addition of the applicant as defendant no.2 in CS/364/2014. The aforesaid suit was a suit for eviction instituted by one Sukhlal Chandanmull (P) Ltd. as plaintiff against Harrow Hall, the society who was running the school from the said premises. The suit was filed in the year 2014 and the application for addition of party was filed in the year 2023.

6. In the meantime, Merlyn Armstead and Harrow Hall School filed a suit being Title Suit No. 304 of 2022 against Karnani Properties Limited, Sukhlal Chandanmull Private Limited and Harrow Hall for declaration and injunction. It was alleged that although the rent receipts might have been issued in the name of the society, for all intent and purposes, the present applicant/appellant is a tenant in respect of the suit property.

7. In the written statement filed by Harrow Hall in CS/364/2014 it is stated that in course of discussion with B.K. Karnani and said Mrs. Armstead, it was understood and agreed that the society and Harrow Hall School would be entitled to retain perpetual possession of the two rooms and any further rooms that came into possession of Mrs. Armstead in Premises No. 27B, Park Street, Kolkata and that too without payment of rent. The Society further alleged that Mr. Karnani wanted the school to continue and it was his desire that the Society runs the school and accordingly in or about May 13, 1987, Mrs. Armstead registered Harrow Hall as an educational and philanthropic society. The said society was registered in the year 1987.

8. Dispute arose between the parties and the plaintiff Sukhlal Chandanmull Private Limited filed a suit for eviction upon serving a notice under Section 106 of the Transfer of Property Act. The present appellant, as stated earlier, has filed a suit before the City Civil Court being Title Suit No. 304 of 2022 almost after eight years praying, inter alia, for a decree of declaration that Mrs. L.D. Armstead who was a tenant in respect of the suit property in her individual capacity till her death and the present plaintiff i.e., Merlyn Armstead is the tenant in respect of the suit property. Subsequent thereto, this application has been filed for addition of parties alleging that notwithstanding the registration of Harrow Hall as a society, the appellant continued as a tenant in respect of the suit property. It was further claimed that Mrs. L.D. Armstead was throughout in possession of the suit property and the school was her own creation.

9. Harrow Hall is contesting the suit in the High Court. The defendant in the presen