Moushumi Bhattacharya, J. - (1.) The instant appeals arise out of a judgment dated 14th January 2015 in a suit for eviction and for mesne profit filed by the respondent No.1 (Iswar Gajalakshmi Mata Thakurani) in 1988 against Marshall Sons (the Appellant in APD No. 174 of 2015) for khas possession of the suit premises as described in Schedule A of the plaint. Mahavir Properties (the appellant in APD No.173 of 2015) got itself added as defendant No.2 on its application for addition of party under leave granted by an order dated 10th March 2004 passed by this Court. Mahavir filed its written statement in the suit in May 2004 disputing the claim of the plaintiffs for determination of the lease and khas possession of the suit property as well as mesne profit.
(2.) The plaintiffs to the suit are the respondents before us, Marshall (the appellant in APD No. 174 of 2015) is the defendant no.1 in the suit being C.S. No. 164 of 2015 and Mahavir (the appellant in APD No. 173 of 2015) is the defendant No.2 in the suit being C.S. No.164 of 2015.
(3.) The plaintiff's case is that premises No.33/1, Netaji Subhas Road, Kolkata-700001 was demised in his favour by 17 deeds of settlement all dated 1st June 1965 by one Murari Charan Law, since deceased. By a registered deed of lease dated 20th April 1964 the defendant No.1/respondent was inducted as a Lessee of the entirety of the suit premises by Murari Charan Law, since deceased. According to the plaintiffs, the first defendant took possession of the suit premises and in possession thereof.;