( 1 ) THIS is an appeal against the judgment and decree passed by the learned Addl. District Judge, 2nd Court, Howrah dt. 17. 3. 87 in T. A. No; 293/84 timing the judgment and decree passed by the 3rd Asstt. District Judge, Howrah in T. S. No. 63/81.

( 2 ) THE facts which may be necessary for disposing of the appeal may by briefly stated as follows :the plaintiff-respondent No. 1 has brought the above Title Suit for declaration of title, recovery of possession, permanent and mandatory injunction alleging that the plaintiff along with the respondents Nos. 6 and 7 are the exclusive owners of the suit property bearing Holding No. 9, Naba Kumar Nandy Lane and were in possession of the suit-property therein. He is an old man and used to live in Calcutta and for his service had to remain mostly at Beharampur while his nephews respondent Nos. 5 and 6 have been residing at Bangalore for their avocation. The plaintiff' sometime in 1980 on receipt of Summons in connection with the T. S. No. 154/80 pending in the local 3rd Munsif's Court, Howrah went to the suit property and found to his astonishment the existence of a club raising construction. As he raised protest, the S