( 1 ) THIS appeal is directed against the judgment and decree dated 13/06/1986 passed in Title Appeal No. 679 of 1985 by the Additional District Judge, 6th Court, Alipore whereby the learned Additional District Judge confirmed the judgment and decree passed by the Munsif, lst Additional Court, Alipore on 31/05/1985 in Title Suit No. 19 of 1983, in part.

( 2 ) THE facts of the case, as could be culled from the record, is that the suit premises originally belong to one Sulekha Pal. The said Sulekha Pal inducted one Akkari Ghosh as tenant in respect of 2 rooms and kitchen along with a joint user of privy in the suit premises at a monthly rental of Rs. 35 /payable according to English. Calendar Month.

( 3 ) THE said Sri Akkari Ghosh died leaving behind his wife, the present appellant, seven sons and several daughters as his heirs and legal representatives. It has further been alleged in the plaint that on request by the sons and daughters of Akkari Ghosh the said Smt. Sulekha Pal accepted the wife of Akkari Ghosh, Tara Sundari Ghosh, as the tenant in respect of the said tenancy.

( 4 ) TAKING advantage of the absence of the said Smt. Sulekha Pal from