( 1 ). Special leave granted.

( 2 ). The facts of the case are that the said premises were leased out by sourendra Nath Mukherjee and Rabindra Nath Mukherjee in favour of a partnership firm, namely, M/s Thakurdin Ramjosh as back as on 7/9/1949. A partition took place between Sourendra Nath Mukherjee and Rabindra Nath mukherjee by virtue of a written deed of partition dated 16/7/1962. The property in question was allotted to the share of Sourendra Nath Mukherjee. Sourendra Nath Mukherjee then filed a Suit No. 636 of 1968 on 19-9-1968 in the City Civil court, Calcutta against the partnership firm, namely, M/s thakurdin Ramjosh for recovery of possession of the premises.

( 3 ). The suit was decreed in favour of the plaintiff on 13/4/1973. M/s thakurdin Ramjosh through Kedar Lal Jaiswal filed an appeal in the High court. During the pendency of the appeal, Sourendra Nath Mukherjee executed a lease for 99 years in favour of the appellants on 10/3/1979 on receipt of , premium amounting to Rs. 1,32,125. 00. Subsequently, by a Deed of Conveyance dated 16/11/1979, the said Shri Sourendra Nath Mukherjee sold, conveyed and transferred all his rights, title, interest in the suit property in fav