1. It appears that T.S.No. 42 of 1975 of the Munsif's Court at Nabadwip, District Nadia was instituted by Narayan Gopal Dey and eight others against Radha Ballabh Ghosh for recovery of a shop-room situated at holding No. 87B/1 on the Bazar Road within Nabadwip Municipality and tenanted by the said Radha Ballabh. It appears that both the petitioners acquired 1/9th share of the land and structure covered by plot No. 1282/ 9519 holding No. 88B/1 Bazar Road by 9519; purchase from the heirs of Kartick Chandra, one of landlord-plaintiffs and the tenant attorned in their favour. They both applied for being added as parties to the aforementioned T.S.No.42 of 1975 and petitioner No.1 Mrityunjoy was added as a pro forma defendant to the said suit whereas the petitioner of Dhananjoy went on pending.

2. T.S. No. 42 of 1975 was decreed on compromise in terms of a solemnama filed by the plaintiffs and the defendant Radha Ballav (Annexure-C ) against the said defendant and the suit was directed to continue against the added pro forma defendant Mrityunjoy. The decree-holders put the decree to execution which was numbered as T. Ex. Case No. 18 of 1977. The petitioner No. 1 filed an applicat