Shivakant Prasad, J. - (1.) This appeal is directed against the judgement and decree passed in Title Appeal No. 88 of 1975 by the Third Court of the Additional District Judge, Howrah, dated 26th May, 1976 and 1st June, 1976 respectively, inter alia, on the grounds that the Learned Lower Appellate Court has given a special reliance on the testimony of the witnesses of the defendants by discarding the evidence of the plaintiff-witnesses and based his observation on hypothesis, conjecture and surmise by holding that the plaintiff has acquired right, title and interest in respect of the suit property by a Registered Deed of Sale dated September 8, 1956.
(2.) The Learned Lower Appellate Court below ought to have held that the defendants are ghar bharatias in respect of the disputed rooms.
(3.) The Learned Lower Appellate Court below should have held that there had been valid attornment of the defendants in favour of the plaintiff in respect of the tenancy of the defendants and that is why they enhanced rents from Rs.16 to Rs.30/-.;