( 1 ) THIS revisional application has been preferred challenging order dated 15-10-2001 passed by the learned 5th Civil judge, Senior Division at Alipur in Title execution Case No. 27/79. The background of this case in brief is, inter alia, as follows: the decree-holder/respondent came from Bangladesh (the then Pakistan) in the year 1948. On 18-5-1953 Refugee Relief and Rehabilitation Director, Govt. of West Bengal allotted a plot of land being Plot No. 290 nandannagar G. S. Colony, Belgharia, Calcutta-83. According to the judgment-debtor no. 2 since Jyotirmoy Rudra, the decreeholder who was his brother was adult and the petitioner and the other brother Sunil kr. Rudra, respondent No. 2 herein were aged about 15 and 17 years naturally the plot was allotted in favour of the decreeholder Jyotirmoy Rudra. Actually the three brothers, that is, Jyotirmoy and Shib Sankar and Sunil were the joint allottee of the plot. In the year 1969 the decree-holder Jyotirmoy rudra filed T. S. No. 19/69 for declaration that he is the sole allottee and the judgmentdebtors are licensees. Thereafter the petitioner/judgment-debtors filed T. S. No. 57/ 69. On 15-7-1971 T. S. No. 19/69 w