( 1 ) THE respondent No. 1 as plaintiff filed a Title Suit in the City Civil Court, Calcutta against the appellant and the respondent No. 2 making the respondent No. 3 as a pro-forma defendant inter alia, for a declaration that the decree passed in the ejectment Suit No. 514 of 1987 by the learned judge, XIth Bench, City Civil Court, Calcutta was void, inoperative and not binding upon the respondent No. l as also upon the respondent Nos. 2 and 3, for further declaration that the respondent No. l and the other respondents were joint tenants in respect of the suit premises, and for permanent injunction. The said suit was numbered as Title Suit No. 700 of 1988 of the court of the learned judge, III Bench, City Civil Court, Calcutta. It was alleged inter alia, in the plaint that one Shyama Das Chatterjee, since deceased, was the owner of premises No. 125, Keshab Chandra Sen Street, Calcutta and a tenancy was held in respect of the same premises in the name of the plaintiff's elder brother Nalini Kanta Majumdar jointly with his friend Purunjit Biswas. The plaintiff with his family came to Calcutta in or about the year 1946 and started living with his elder brother in th