( 1 ) THIS is an appeal against the judgment and decree passed by Shri S. K. Ghosh, Judge, 7th Bench, City Civil Court, Calcutta dated 28th Jan. 1976, in Title Suit No. 91 of 1971. The plaintiffs are the appellants in this Court.

( 2 ) THE plaintiffs brought a suit for recovery of khas possession upon declaration of title and for other reliefs. The dispute is in respect of two properties, namely, premises No. 36, Nabin Sarkar Lane, and 45, Baghbazar Street, Calcutta. The former is a two storeyed pucca building and the latter is a thika tenancy consisting of about 10 rooms of which some are in the occupation of tenants. It is the plaintiffs' case that both the suit properties originally belonged to one Benoy Mukherjee who died in 1946 leaving his two sons Bijoy and Basanta as his sole heirs. Basanta died unmarried in Aug. 1969 leaving his brother Bijoy as his sole heir. On Bijoy's death in 1970 his sons Bikash and Bivash, plaintiffs Nos. 1 and 2 and the children and widow of Bijoy's predeceased son Biman inherited his properties. They are plaintiffs Nos. 3 to 5. All the plaintiffs are in khas possession of the entire premises No. 36 Nabin Sarkar Lane. Defendant