( 1 ) THIS Miscellaneous Appeal has been preferred challenging the judgment and order dated 19. 1. 1998 passed by the learned 10th Assistant District Judge, Alipur in Miscellaneous Appeal No. 276 of 1997 affirming the order dated 27. 5. 1997 passed by the learned Munsif, 2nd Court at Alipur in Miscellaneous Case No. 50 of 1996.

( 2 ) THE background of the case may be summarised in the manner as follows: the respondent Nos. 1 and 2 Sri Kamal Ghosh and Sri Amal Ghosh are the owners in respect of premises No. 208a, Rash Behari Avenue, Calcutta-29. Once Sri A. K. Dutta was the monthly tenant in respect of South Eastern Flat of the second floor of the said premises at a rental of Rs. 550. 00 payable according to English Calendar month. The rent was being paid in two shares that is Rs. 275/- each to the respondent Nos. 1 and 2 (Sri Kamal Ghosh and Sri Amal Ghosh ). It appears from the records that on July 1988 the respondent Nos. 1 and 2 filed Title Suit No. 338/88 in the Court of learned 2nd Munsif at Alipur against one Lakshmi Rani Dutta. Originally A. K. Dutta was the tenant and Lakshmi Rani Dutta was his wife. The original tenant A. K. Dutta died and Lakshmi Rani Du