Shivakant Prasad, J. - (1.) Challenge in this application is against the order dated 06.9.2017 passed by Civil Judge (Senior Division), 2nd Court at Howrah in Title Suit no. 152 of 2000, inter alia, on the grounds that the Trial Judge erred in law and in fact by allowing the defendants to amend their written statement and permitting them to take the plea of Thika tenancy prejudicial to the interest of the plaintiffs because amendment so allowed virtually permitted the defendants to withdraw their admissions made in the original written statement and the effect of such amendment would be to displace the plaintiffs' suit from the admissions made by the defendants in the earlier written statements and deprive them of a valuable right already accrued to them.
(2.) Background leading to the instant case is that petitioners as plaintiffs had filed a suit for eviction, recovery of khas possession and mesne profits against the opposite parties herein before the Civil Judge (Senior Division), 2nd Court at Howrah registered as Title Suit No. 152 of 2000.
(3.) The defendants' case as it would depict from the original written statement dated 11.7.2002 is that they admitted the facts that Late Satyanarayan Bagla leased out the suit premises in favour of Smt. Pano Rani Burman since deceased, the grandmother of the defendants for a period of 30 years with effect from 29th April, 1967 at an aggregate rate of Rs. 3,000/- per month.;