M. K. Mukherjee J. - (1.) I.A. No.2. of 1994 allowed.
(2.) At all material times one Mrs. Sira Menan was a tenant under the appellants in respect of a flat in premises No.23, Lindsay Street, Calcutta. After her death on August 12, 1970, the appellants filed the suit, out of which the instant appeal arises, alleging that the respondent, claiming herself to be the daughter of the deceased, had entered into the flat on August 16, 1970 with her family and was residing therein since then. According to the appellants such claim of the respondent was a false one as Mrs. Menan had all along lived in the flat alone and the respondent was never seen to visit her, much less live therein. By filing the suit the appellants, therefore, prayed for recovery of the flat on a declaration that the respondent was a rank trespasser and liable to be evicted therefrom.
(3.) In contesting the suit the respondent asserted that she was the daughter of the deceased tenant and had been living in the flat since the inception of the tenancy. Consequently, she claimed, that upon her mother's death she, as her sole heir, became a tenant under the appellants.;