( 1 ) THIS appeal is directed against the judgment and decree dt. 27-8-84, passed in Title Suit No. 2371 of 1980, by Sri K. D. Banerjee, learned Judge, 7th Bench, City Civil Court, Calcutta. By such determination, the plaintiff-respondents' suit for recovery of possession of the suit premises, which is 40, Sri Arabindo Sarani (hereinafter referred to as the said premises), by evicting the defendant-appellants therefrom, on the grounds of expiry of the terms of lease (Ext. 1), upon service of notice to that effect, was decreed ex parte with costs and it was further directed that the plaintiff-respondents would be entitled to have a decree for recovery of khas possession of the suit premises, by evicting the defendant-appellants therefrom and the defendant-appellants were allowed time till 31-10-84, to quit and vacate the said premises. Apart from the above, the learned Judge also directed that the plaintiff-respondents would be entitled to recover mesne profits at the rate of Rs. 800/- per month with effect from 1-9-80, till recovery of khas possession of the said premises.

( 2 ) IT was the case of the plaintiffs, that one Rashbehari Basu and one Kumud Behari Basu wer