( 1 ) THESE two appeals arise from the same suit and the decree passed therein. They have been heard together.

( 2 ) FIRST Appeal No. 123 of 1957 is directed against the decree for khas possession of the suit premises on eviction of the defendants therefrom passed by the Second Court of the Additional Judge at Alipore in Title Suit No. 32 of 1956. This appeal has been preferred by Defendant No. 3 joining the plaintiffs as respondents and also joining the other two defendants as respondents. It may be mentioned here that the appellant Smt. Kalyani Sen, who was joined in the trial Court as the Defendant no. 3 during the pendency of the suit, is no other than the wife of D. C. Sen who was the Defendant No. 2 in the trial Court and is the Respondent No. 12 in this Court.

( 3 ) THE suit was originally filed by 10 plaintiffs who were the owners of the premises No. 51, N. Gorcha Road against two persons of whom the first defendant, P. S. Paul was the tenant who took settlement of the suit premises as a monthly tenant under the plaintiffs, and the other defendant was a person who according to the plaintiff has been given possession of the suit premises by the said tenant Sri P.