Satyabrata Sinha, J. - (1.) The tenant-defendant is the appellant in this appeal which arises out of a judgment and decree dated 31.8.91 passed by Sri S.S. Mukherjee, Judge, 9th Bench, City Civil Court at Calcutta in Ejectment Suit No. 185 of 1982.
(2.) The plaintiffs who are husband and wife purchased a portion of the building at 75 Beniatala Street, Calcutta, 5. P.S.- Jorabagan From Smt. Namita Bala Saha and Ors. by a registered deed of conveyance on 13.10.1980. The plaintiff has proved the said deed of sale. The said deed of sale dated 18th October, 1980 which contains a requisite recitals which shortly stated are as follows:-
(3.) The vendors of the plaintiffs were co-sharers of the various properties. In a final decree for partition, lot No. 1 out of the 3 lots was allotted in their favour. All owelty monies were also paid by them as per direction of the court and thus, they became absolute owner in respect of the premises No. 75 Beniatala Street, Calcutta, P.S. Jorabagan. Along with the said deed a plan was also attached. The schedule of the said deed comprised of various items showing 3 storeyed and 2 storeyed structures which read thus:- "All that the upper ground floor brick built massage or dwelling house together with the piece or parcel of land thereunto belonging and any part whereof the same is erected and built containing by estimation I Kottah 14 Chittacks and 30 Square Feet be the same a little more or less in Lot No. 1 of premises No. 75 Beniatolla Street, P.S. Jorabagan, Calcutta-5 as detailed in the Report of the Commissioner of Partition in Partition and Administration Suit No. 2070 of 1967 and delineated and shown in Blue Border in Plan annexed hereto and the same is butted and bounded as follows:- On the North - by part of the same premises allotted in partition Suit to Ajit Kumar Saha & Ors. On the East - Partly by premises No. 2, Sashi Bhusan Soor Lane; On the South - by 14, Sashi Bhusan Soor Lane; and On the West - by Municipal Passage; Comprising of:- (1) III storeyed Structures 334 S. ft. (2) III storeyed structure slopped roof verandah 82 S. ft. (3) II storeyed structures. 115 S. ft. (4) II storeyed structures verandah 35 S. ft. (5) I Structures. 345 Sft. (6) Compound Wall 55 R. ft. (7) Paved by 55 S. ft. Out of the aforementioned premises the defendant is said to be a tenant in respect of only one room.;