S.K.Katriar, J.

1. The defendants first set (hereinafter referred to as the defendants) are the appellants against a judgment of affirmance. This appeal is directed against the judgment and decree dated 6-3-2003, passed by learned Vth Additional District Judge, Patna, in title Appeal No. 45 of 1999/ 5 of 2001 (Dilip Gupta and Anr. V/s. Debashish Palit and Ors.), whereby he has dismissed the appeal preferred by the defendants (the appellants herein), and has upheld the judgment and decree dated 29-5-1999, passed by the learned Subordinate Judge-VIII, Patna, in title Suit No. 61 of 1986 (Debashish Palit and Ors. V/s. Dilip Gupta and Anr). The learned trial Court had decreed the suit and ordered for ejectment of the defendants from the suit property, and for khas possession of the plaintiffs. We shall go by the description of the parties occurring in the plaint.

2. First the background of the present suit. Late T.C. Palit, the ancestor of the plaintiffs (respondent first set herein), had executed a temporary lease deed in favour of late S.N. Gupta, father of the defendants, on 25-8-1946 (Ext. 4), with respect to 15 kathas and 8 dhurs of land in the township of Patna for a peri