( 1 ) THE defendants preferred this second appeal being aggrieved and dissatisfied with the judgement of reversal passed on 13. 11. 90 by the learned assistant District Judge, 4th Court, Alipore in Title Appeal No. 32/1987. The first Appellate Court allowed the appeal after setting aside the judgment and decree dated 29. 9. 1986 passed by the learned Munsif, 1st Addl. Court, Alipore in Title Suit No. 78/76 and decreed the suit.

( 2 ) THE facts of this case in brief are as follows : bhabani Charan Ghosh and Abhijit Ghosh claiming themselves as the owners of the premises No. 50c, Ritchi Road, Calcutta-19, filed a title suit being t. S. No. 152/74 on 6. 5. 74 before the Second Court of Munsif at Alipore alleging inter alia that the defendant Anil Kumar Ghosh was a monthly tenant under them in respect of a southern garage of the said premises at the rent of Rs. 20/-, payable according to English calendar month under the erstwhile owner of the entire premises Sm. Manjusree Shyam Chowdhury, that the plaintiff purchased the suit property on the basis of a registered deed dated 13. 6. 72, that the tenancy of the defendants was duly attorned, that the defendants did act co