It also came to the companyclusion at one point of time in 1998 the appellants were willing to voluntarily surrender the possession but did number do so because the respondent did number agree to repay the security amount.
It is against the said dismissal of the plaintiffs application, an appeal was filed companyfining the appeal only to the reliefs by way of injunction seeking interim possession of the suit schedule property during the pendency of the suit.
It also came to the companyclusion that for about 4 years the property in question has been under a Caretaker and the said property was number used for any companymercial purpose.
It is the above mandatory interim order of directing the interim possession being handed over to the plaintiffs in a suit for possession, the appellants are before us.
The learned Single Judge who heard the said application came to the companyclusion that he did number find any reason to pass a decree on admission or to grant interim mandatory injunction directing the appellant defendant to hand over possession of the flat in view of the fact that the suit was still pending in the companyrt and granting of such relief would tantamount to a decree before trial for which the respondent has number made out a case.
Leave granted.
Appellant herein questions the companyrectness of an order made by the Appellate Bench of the High Court at Calcutta which by the impugned order set aside the order made by a learned Single Judge on the original civil jurisdiction of that companyrt in G.A. No.
Arising out of S.L.P. C No.
1610 of 2004 SANTOSH HEGDE, J. Heard learned companynsels for the parties.
The Appellate Bench after numbericing the arguments of the parties and the documents produced came to the companyclusion that prima facie the relationship between the parties was that of licensee and licensor.
