( 1 ) IN the Court of first instance the issue Nos. 3 and 4 are as follows :"3. ARE the plaintiffs entitled to get a decree for declaration as prayed for? 4. Are the plaintiffs entitled to get a decree for possession?"

( 2 ) THESE two issues arise out of the subject matter, i. e. , declaration of the plaintiffs' right, title and interest in the properties noted in the schedule below and eviction of defendant from schedule B property being part and parcel of schedule A upon declaring the defendant's licence duly revoked. The schedule A is the land and structure butted and bounded by certain premises given in the schedule. Schedule B is the two rooms as fully described in the schedule B therein. According to the plaintiffs, such schedule B is part and parcel of schedule A. Court held that from the evidence it cannot be accepted that schedule in the mortgage deed and schedule in the sale deeds are different. Defendant contended that R. S. record is wrong. Plaintiffs also challenged the R. S. record to the extent that defendant is a licensee in respect of rooms only.

( 3 ) ACCORDING to the Court of first instance, R. S. record to some extent supports the plaintiffs. The d