( 1 ) THIS appeal is directed against the judgment and decree dt. 25th April 1981, passed in Title Suit No. 33 of 1980, by Shri D. K. Panda, learned Subordinate Judge, 4th Court, Alipore, 24 Parganas.

( 2 ) BY such judgment and decree, the plaintiff/respondent's suit for ejectment and for damages in respect of the property as described hereafter, was decreed and consequently, the declarations as asked for were granted.

( 3 ) M/s. R. P. Agarwalla and Brothers (Pvt) Ltd. Plaintiffs in the suit, stated that a Company by the name of Property Development Trust (P) Ltd. , who incidentally were their predecessor-in-interest, acquired more or less 2 Bighas 15 Cottahs 14 Chittacks and 62 Square feet of land, appertaining to premises No. 5, Lansdown Road, which is presently known as 5b, Sarat Bose Road, Calcutta-20 and thereafter, the said predecessor-in-interest (hereinafter referred to as the said Trust), built a multistoried building, which is known as "lansdown Court" (hereinafter referred to as the said premises), consisting of 28 flats.

( 4 ) IT was also the case of the plaintiffs that by a registered deed of lease dt. 10th May 1957 (Ext. 1), the predecessor-in-intere