Debangsu Basak, J. - (1.) THE suit is for recovery of possession of a portion of the upper flat at premises No. 3A, Albert Road, Kolkata from the defendants.
(2.) THERE are five defendants in the suit. The first defendant has allegedly encroached upon and/or trespassed into a portion of the building owned by the plaintiff. The first defendant is a society registered under the Societies Registration Act, 1960. The second and the third defendants are the President and Vice -President of the Kolkata branch of the first defendant at Kolkata. The fourth defendant was the owner of premises No. 3C, Albert Road, Kolkata from whom the fifth defendant purchased the said premises. Premises Nos. 3A and 3C, Albert Road, Kolkata came into being out of premises No. 3, Albert Road, Kolkata. Smt. Priyambada Debi was the owner of premises No. 3, Albert Road, Kolkata. By her Will dated April 6, 1926 she bequeathed "8 annas" in the eastern portion of the land and building of premises No. 3A, Albert Road, Kolkata to Saileswar Singh Roy absolutely and "8 annas" in the western portion of the land and building of the said premises to Lila Mohan Singh Roy absolutely.
(3.) THE original plaintiff claims that, the building situate at premises No. 3A, Albert Road, Kolkata consisted of a two -storied structure having a lower and an upper flat. By an indenture dated June 18, 1971 the owners of premises No. 3C, Albert Road, Kolkata, namely, Lila Mohan Singh Roy inducted the first defendant as a lessee of a demarcated portion at the upper flat of premises No. 3C, Albert Road, Kolkata. The said Lila Mohan Singh Roy subsequently sold premises No. 3C, Albert Road, Kolkata to the fourth defendant. The original plaintiff claims that, at the time of letting out of the upper flat of premises No. 3C, Albert Road, Kolkata there was separation of the two premises by a clear line of demarcation. The first defendant and his servants and agents wrongfully encroached upon and trespassed into a portion of the upper flat owned by the original plaintiff at premises No. 3A, Albert Road, Kolkata. After such trespass or illegal encroachment the first defendant and his servants or agents has unlawfully constructed a wooden mezzanine floor in the encroached portion and also put up plastic shed on the covered area of the entire first floor verandah, eastern portion of which is within the entitlement of the original plaintiff as the owner of premises No. 3A, Albert Road, Kolkata. The original plaintiff notes the claim of the first and the second defendant that, the fifth defendant has purchased the right, title and interest of the fourth defendant at premises No. 3C, Albert Road, Kolkata.;