( 1 ) -THE defendants being aggrieved by and dissatisfied with the judgment and decree dated 21st February and 3rd March, 1975 respectively passed by the learned District Judge, Malda in O. C. Appeal No. 19/74 affirming the judgment and decree dated 30th March and 26th March, 1974 passed by the Munsif, 2nd Court, Malda have preferred the instant appeal. The facts of the case as set out in the judgments passed by the courts below briefly stated as follows:-

( 2 ) THE father of the respondents (hereinafter be referred to as plaintiff) Narendranath Chowdhury took settlement of the suit land at an annual rental of Rs. 2/- from the Zamindar Abut Hayat Khan Chowdhury and others, and erected structures on the suit land, morefully described in the schedule attached to the plaint. From then on, the plaintiffs father Narendranath Chowdhury started living in the suit house. He executed a registered a Kabuliyat in favour of the landlord on 27th Agrahayan, 1361 B. S. The erstwhile landlord filed a title suit in T. S. 199/59 in the Court of the 1st Munsif, Malda against Narendranath Chowdhury for eviction from the suit premises against Narendra. But the said suit, however, was