Bhaskar Bhattacharya, J. - (1.) This second appeal is at the instance of and defendants in a suit for declaration and recovery of possession and is directed against the judgment and decree dated July 22, 1997 passed by the learned Additional District Judge, 11th Court, Alipore in Title Appeal No. 196 of 1993 thereby reversing those dated April 30, 1993 passed by the learned Assistant District Judge, 1st Court, Alipore in Title Suit No. 32 of 1985.
(2.) The respondent filed the aforesaid suit for the following reliefs:- "a) for a decree declaring that the plaintiff is the absolute owner of the property in suit and that none of the defendants has got any right, title and interest in any portion thereof; b) for a decree declaring that the compromise decree filed in different suits being Nos. T.S. No. 28 of 73 of the 1st Court of Subordinate Judge at Alipore and also in T.S. No. 301 of 1982 before the Second Court of Munsiff at Alipore are fraudulent, in operative and not binding upon the plaintiff; c) for a decree declaring that the conveyance by the plaintiff in favour document of the defendant No. 2 in respect of one room out of suit property is a void document and has got no binding effect and right, title and interest of the plaintiff has not been effected by the said conveyance and no right title and interest passed in favour of the defendant No. 2 by the said conveyance; d) for a decree for recovery of possession of the property described in the Schedule 'B' below; e) for a decree for permanent injunction restraining the defendants, their men, and agents from interfering with the peaceful possession of the plaintiff in the property in suit; f) cost of the suit; g) for such other relief or reliefs to which the plaintiff is found entitled to under law and equity."
(3.) The aforesaid suit was contested by the appellants by filing written statement thereby denying the material allegations made in the plaint and the specific defence of the appellants was that the suit was not maintainable and that the suit property was owned by the father of the p ies and the same was purchased in the benam of the respondent.;