( 1 ) THIS is an appeal from the judgment and decree passed by the learned Assistant District Judge, 2nd Court, Alipore, 24-Paraganas in Title Suit Nos. 112 and 209 both of 1982.

( 2 ) ADMITTEDLY late Gholam Quadir, the owner in khas possession of the disputed six cottahs of land more or less mentioned in the schedules of the plaints, died sometime in 1959 leaving behind him his widow Feroza Jahan Begum alias Feroza Jahan Quadir, two sons Sultan and Sartaz and four daughters Munawar, Anwar, Quamar and Tajwar who succeeded to the said property according to the rules of Mohammedan Law. Admittedly Abul Kalam (the sole plaintiff in Title Suit No. 209 of 1982) is in possession of the suit land at present along with certain other persons whom he claims to have inducted and they all have been running businesses separately there.

( 3 ) ABUL Kalam filed Title Suit No. 209 of 1982 (originally Title Suit No. 123 of 1981) against Feroza Jahan Begum, Jahrul Islam (the plaintiff in Title Suit No. 112 of 1982) and a few others for permanent injunction restraining them from disturbing with his possession over the disputed land. He claimed to be a thika tenant of the suit land