Judgment

RAJENDRA BABU, J.- For purposes of convenience, we refer to the parties as arrayed in the original suit out of which this appeal arises. ShitaI Chandra Das and Karmadhar Das filed Title Suit No. 77 of 1959 in the Court of the Subordinate Judge at Alipore against Madhuri Choudhary, daughterin-law of the original lessee of a godo\yn bearing No. 103/1B, Raja Dipendra Street, Calcutta. The sub-tenants Brij Kishore Bhagat, NawaI Kishore Bhagat and Durga Devi Bhagat were also impleaded in the said suit as defendants. The said suit was decreed on 30-9-1963 against all the defendants, including Brij Kishore Bhagat, Nawal Kishore Bhagat and Durga Devi Bhagat. The a plaintiffs in that suit levied execution in Case No. 18 of 1963 in which warrant for delivery of possession of the disputed premises was issued. In the disputed godown there were racks on which oilseeds were stacked. Inasmuch as the said oil seeds could not be immediately removed, the plaintiffs therein obtained delivery of possession of the godown along with the oilseeds stacked in several bags. The said oil seeds were kept in the custody of Sitaram Roy, an officer of the plaintiffs by the process-server of the Court. T