( 1 ) THIS second appeal has been taken out by the defendant No. 1 appellant challenging the judgment and decree dated 30- 1 - 1998 passed by the learned Addl. District Judge, 1st Court at Alipur in Title appeal No. 880 of 1984 affirming the judgment and order dated 21-9-1984 passed by the learned Fourth Munsif, Alipur in T. S. No. 180 of 1982.

( 2 ) THIS appeal arises out of a suit for recovery of possession and mesne profits. The case as has been made out by the plaintiff in the plaint is inter alia as follows : 1. One ekchala hut with that walls and tiled roof in the premises No. 32 Kali Temple Road, police Station Bhowanipur belongs to the plaintiffs and pro forma defendants in their respective shares and the aforesaid joint property was let out to different monthly tenants in different portions. The defendant No. 1 was a monthly tenant in respect of suit premises. An ejectment suit was filed by all the landlords, owners, namely, the pro forma defendants Nos. 9 to 11 and predecessors-in-interest of the plaintiffs against the defendant No. 1 in the Court of learned 4th Munsif at Alipur being I. S. No. 351 of 1970 and subsequently the said suit was transferr