( 1 ) THIS is an appeal by the defendants against the judgment and decree passed by Sri. M. Roy, Additional District Judge, 13th Court at Alipore in Title Appeal No. 1854 of 1966 dated 29th September 1967 affirming the judgment and decree dated 30th September 1964 passed by Sri N. C. Mahanty, 2nd Court Munsif, Sealdah in Title Suit No. 16 of 1963.

( 2 ) THE facts of the case may briefly be stated as follows:-- Premises No. 4/1, Jadu Mitra Lane, Calcutta, belonged to two brothers Lalit (defendant No. 1) and Pramatha. The above premises comprised an area of about 5 cottas and odd. To the adjacent of the above premises is the residential premises of the plaintiffs. Formerly there was a back space of 10 feet in respect of the joint premises of the two brothers at 4/1', Jadu Nath Mitra Lane. The joint premises was constructed in terms of the sanctioned plan of the Calcutta Corporation in 1932. Sometime in 1933 the defendant No. 1 tried to make an unauthorised pucca construction in the above back space without a sanctioned plan. This was immediately objected to by the plaintiffs and it was found by the Corporation that the defendant No. 1 constructed in accordance wi