( 1 ) THIS appeal is by some of the defendants against the decision of the 1st Additional Court of the Subordinate Judge, Burdwan in Title Appeal No. 37 of 1960 affirming the judgment and decree passed by the Court of the Munsif at Kalna in Title Suit No. 31 of 1958 in favour of the plaintiff and against the defendants.

( 2 ) IN short, the plaint allegation is that on. 06 acre of land appertaining to C. S. plot No. 850 under khatian No. 342 in Mouza Madhupur, the plaintiff Kalipada Tan constructed two shop rooms which are the subject-matter of the suit. The landlords in respect of the land in C. S. plot No. 850 were Manmatha Chat-terjee and others. Subsequently the defendant No. 25 purchased the interest of the landlords and became the landlord of the plaintiff. The plaintiff had his own shops in the two rooms on the land in plot No. 850 upto 1340 B. S. Later on he let out the suit rooms to one Kalipada Mukherjee who carried on his sweetmeat shop there upto Chaitra, 1354 B. S. Thereafter, Kalipada left the rooms and plaintiff took possession of the same and let out the eastern room to the defendant No. 1 in Aswar, 1355 B. S at a monthly rental of Annas 8 and i