- (1.)The Plaintiff is the Appellant in this second appeal. He instituted a suit inter alia, for declaration of his leasehold right in premises No. 18/2, Ekbalpore Road, Calcutta, for permanent injunction to restrain the Defendants-Respondent No. 1 from recovering khas possession of the said property as a result of auction-purchase in Money Execution case No. 4 of 1963 and for mandatory injunction. The Defendant-Respondent No. 1 alone contested the said suit. The learned Munsif, Third Additional Court, Alipore, decreed in part the said suit in favour of the Plaintiff. The Defendant No. 1 being aggrieved by the said decision preferred an appeal. The learned Subordinate Judge, Fourth Court, Alipore, allowed the said appeal and dismissed the suit of the Plaintiff-Appellant. Thereafter, the Plaintiff has preferred this second appeal.
(2.)Admittedly, the suit property formed part of the debottar estate of Sri Sri Radha Ballav Jew Thakur, the Respondent No. 3 ; Bijoli Bhusan Ghosh, the Respondent No. 4, was described as the shebait of the said deity. On February 21, 1952, Bijoli Bhusan Ghosh executed a deed of lease (Ex. 23) for a term of 55 years in favour of the Plaintiff-Appellant in respect of the single storied house on a land measuring more or less 2 cottahs in 18/2, Ekbalpore Lane. According to the recitals in the said deed, the Plaintiff had, paid a sum of Rs. 3,000 by way of advance rent for the entire period. Since then the Plaintiff had been possessing the suit property. His name had been also mutated as an occupier in the records of the Corporation of Calcutta.
(3.)On January 9, 1961, there was an agreement for sale (Ex. 13) of 18, Ekbalpore Lane, consisting of one storied structure and 6 cottahs of land between the debottar estate of the Defendant No. 3 deity represented by its shebait the said Bijoli Bhusan Ghosh, the Respondent No. 4 and Gokul Chandra Pyne, the Respondent No. 2. The latter had advanced Rs. 4,000 under the said agreement. Subsequently, the Respondent No. 2 Gokul Chandra Pyne brought Money Suit No. 99 of 1961 for recovery of Rs. 4,398 in the Second Court of Munsif at Alipore, against the Respondent No. 3 deity represented by its shebait Bijoli Bhusan Ghosh (Ex. 14). On March 1, 1962, the said money suit was decreed on compromise (vide Ex. 15). Thereafter, Gokul Chandra Pyne filed Money Execution case No. 4 of 1963 for realization of the said decretal amount from the judgment-debtor the Respondent No. 4 as the shebait of the said deity. Ultimately, on February 20, 1964, the Defendant-Respondent No. 1 for Rs. 12,900 auction-purchased the property No. 18/2, Ekbalpore Lane, in the said Money Execution case No. 4 of 1963 (vide Ex. 'A'). The Plaintiff filed an objection in the said execution case which was not successful. Thereafter, he instituted the present suit out of which this appeal arises.