PRASENJIT MANDAL, J. - (1.) THIS second appeal is at the instance of the defendant nos.1 & 2/appellants and is directed against the judgment and decree dated September 19, 2011 passed by the learned Additional District Judge, Sealdah in Title Appeal No.65 of 2009 thereby reversing the judgment and decree dated November 3, 2009 passed by
(2.) ND the learned Civil Judge (Junior Divison), Court, Sealdah in Title Suit No.527 of 1999. 2. The plaintiffs/respondents herein instituted the aforesaid title suit being Title Suit No.527 of 1999 for a decree of declaration that the plaintiffs were the joint tenants in respect of the suit room as per schedule to the plaint under the defendants, order of restoration of the possession of the plaintiffs in the suit room and other consequential reliefs. The defendants/appellants herein contested the said suit denying the material allegations raised in the plaint and it is their specific case that they filed a suit being Title Suit No.129 of 1985 before the learned 3rd Civil Judge (Junior Division), Court, Sealdah for ejectment on the grounds of default, damages and reasonable requirement.
(3.) THE plaintiffs of the instant suit entered an appearance in the said suit and filed applications under Sections 17(1), 17(2), (2A) & (b) of the West Bengal Premises Tenancy Act, 1956 and that applications were disposed of by directing the father of the plaintiffs to pay the arrears of rent at the rate of Rs.75/ - per month. But, the father of the plaintiffs died on July 13, 1988 and the balance amount had been paid. They filed an application for repair of the suit room and also for electric connection but the plaintiffs filed an application under Section 17(3) of the West Bengal Premises Tenancy Act. The said application was allowed and the suit was then decreed ex parte on the ground of default. An execution case was filed and the decree - holder got possession of the said shop room by executing the decree. Therefore, the instant suit in the present form is not maintainable at all.;