BAIDYA NATH CHAKRABORTY Vs. HIMANGSU DAS & ANR.

JUDGEMENT

(1.) Bhaskar Bhattacharya, J. - This first appeal is at the instance of the defendant in a suit for declaration of title and permanent injunction and this appeal is preferred against the judgment and decree dated 26th April, 1993 passed by the learned Judge, 6th Bench, City Civil Court at Calcutta in Title Suit No. 424 of 1982 thereby decreeing the suit.

(2.) The plaintiff-respondents filed the aforesaid suit being Title Suit No.424 of 1982 in the 6th Bench, City Civil Court at Calcutta thereby praying for declaration that they were entitled to keep possession of the disputed room described in the schedule annexed to the plaint which was previously in occupation of one Nani Gopal Ghosh and for permanent injunction restraining the present appellant, his men, agent, etc. from disturbing or interfering with the possession of the said room.

(3.) The case made out by the plaintiff-respondents may be summed up thus: