- (1.)Leave granted.
(2.)This appeal arises out of the Order dated 5.8.2013 passed by the Calcutta High Court in Civil Order No.718 of 2013, dismissing the civil revision filed by the appellants-defendants declining to order restoration of possession of the suit property and also the staircase.
(3.)Brief facts, which led to the filing of this appeal are as follows:- Respondent-plaintiff filed a suit for eviction being Title Suit No.196/2004 against the appellants-defendants before the Court of Civil Judge (Junior Division) 4th Court, Sealdah, North 24-Parganas. The eviction was sought for in respect of one room, one bath and privy on the first floor and one room on the ground floor in the western side and one shop room measuring 20' x 12' in the western side of premises No. 59, Old Nimta Road, North 24-Parganas. The appellants-defendants filed their written statement interalia contending that the suit property is the joint property of the plaintiff and the defendant Nos.1 and 2 and claiming a share in the suit property by virtue of a settlement dated 11.12.2000. The appellants contended that the respondent-plaintiff is entitled to only one third share in the suit property.