- (1.) This Court has heard the learned Advocates for the respective parties. The facts of the case, briefly, are as follows:- The plaintiff/respondent No.1 filed T.S. 230 of 1987 which was placed before the learned 3 rd Court of Munsif, Sealdah. In such suit one Ashalata Debi (Das) and one Smt. Sadhana Das were made party-defendants but subsequently (it appears from the cause-title of the plaint at page 18 of the paper book) the name of Ashalata Debi was expunged from the records and the said Sadhana Das has been shown to have died. One Harendra Nath Das, the respondent No.3 in the present appeal, is a defendant in the suit. The appellant in the present appeal was added as a defendant in the said suit.
(2.) The respondent No.1 filed the said suit for, inter alia, declaration of plaintiff s alleged title and possession in the suit property and for further declaration that the respondent No.1 is the only person entitled to realize rents from the proforma defendants and to evict such proforma respondents on lawful grounds and also for a declaration that the principal defendants do not have any right to disturb the alleged possession of the respondent No.1 in the suit property and/or the alleged possession of the proforma defendants. The respondent No.1 further prayed for a decree for permanent injunction for restraining the principal defendants from disturbing the alleged possession of the respondent No.1 in the suit property and/or the alleged possession of the proforma respondents in their respective rooms and also from demanding and/or realizing rents from the proforma respondents.
(3.) The suit property appears to be more or less 2 cottahs of bastu land with one tin roof structure containing 3 rooms and one tile roof structure containing 6 rooms and a passage running west to east.;