( 1 ) THIS appeal is from the judgment and decree passed by the learned Subordinate Judge, 7th Court at Alipore, reversing those of the learned Munsiff passed in a suit brought by the present respondents as plaintiffs for declaration of title and recovery of khas possession on the following allegations.

( 2 ) THE suit was originally brought by one Smt. Imaman Bibi who later was substituted by the present plaintiffs as the latter were transferees from the said Smt. Imaman Bibi of the said suit property. In May, 1950 the said Imaman Bibi left the suit property which belonged to her because of communal troubles. The defendants taking advantage of the fact that the suit property was lying vacant committed trespass and pulled down structures standing thereon and raised some new structures. The said original plaintiff Imaman Bibi tried to recover property after peace was restored but she failed to get back the property from the defendants in spite of the assurance given by the defendants that they would vacate the suit property after they succeeded in getting some accommodation elsewhere.

( 3 ) THE defendants denied that Imaman Bibi was the owner of the suit prop