Judgment

GROVER, J.: - This is an appeal by special leave from a judgment of the Calcutta High Court. It arises out of a suit for declaration of title to property which was a tank known as Gangasagar in plot No. 4302 and for recovery of its possession together with mesne profits.

2. Kshirode Charan Duley and his brothers who were represented in the suit by defendants 4 to 6 were the original tenants of the property. The plaintiff claimed that he had purchased the right, title and interest of the original tenants, namely, the Duleys by a kubala for a consideration of Rs. l800/- in the year 1955. It appears that the owner of the property served a notice on the successors of Duleys to quit the same and it was alleged that they had surrendered possession to B. Sen defendant No. 3 who was trustee of Bipinbehari Sen Memorial Trust in April 1953. Thereafter B. Sen defendant No. 3 granted a settlement to the present appellant who was impleaded as defendant No. 1 in the suit. This happened in the year 1953. Certain criminal proceedings took place between the parties under Section 145 wherein it was held that defendant No 1 was in actual possession of the property. This led to the filing of th