Judgment

Bhan, J.—This appeal by grant of special leave has been filed by defendant No. 1, the appellant herein, against the judgment and decree passed by the High Court of Calcutta. By the impugned judgment the High Court has restored the decree for recovery of possession and mesne profits with regard to Plaint ‘B’ Schedule property in favour of the plaintiffs/original respondent Nos. 1 & 2 (since deceased and now represented by their legal representatives), setting aside the judg­ment of the Appellate Court in Title Appeal No. 52/1976 and restoring that of the Trial Court.

2. Facts necessary for the disposal of this appeal are as under :

One Hangeswar alias Narendra Nath Singha on 4th February, 1936 ob­tained settlement/lease-hold interest for ‘A’ Schedule property, i.e. premises No. 77, Benaras Road, Howrah admeasuring 3 Bighas including a tank from Sear Sole Raj Estate. He raised certain constructions in­cluding sheds on ‘B’ Schedule property, a part of ‘A’ Schedule proper­ty and set up an iron casting foundry under the name and style of D.L. Singha and Company, which was run by him till his death. After his death on 31st May, 1954, his legal heirs, original respondent Nos. 1 and