JUDGMENT

JASWANT SINGH, J.:— This appeal by certificate granted by the High Court at Calcutta under sub-clauses (a) and (b) of clause (1) of Art. 133 of the Constitution read with S. 110 of the Code of Civil Procedure arises out of a suit, being Title Suit No. 82 of 1952 instituted on July 8, 1952 in the Sixth Court of the subordinate Judge at Alipore, District 24-Parganas, West Bengal, by Kumud Bala Dasi, the original plaintiff, against the appellant, who is the Official Receiver of the High Court, as the principal defendant, and Birajabala Debi, widow of Probodh Chandra Chatterjee, as pro forma defendant, for declaration that she had permanent Kayami Mourasi Mukarari Title to the suit land measuring 6 Cottas, 4 Chhataks and 4 Sq. ft. situate on Barrackpore Trunk Road within District 24-Parganas, West Bengal and that the possession of the appellant thereon was illegal and wrongful as well as for Khas possession of the said land after demolition and removal of the structures and shop rooms standing thereon and for mesne profits.

2. The case as put forth by the plaintiff was that property measuring about 9 Cottas, 12 Chhataks detailed in Schedule Ka forming annexure to the plaint was