1. THE grandfather of the opposite party no.1 and the father of the opposite party no.2, Debendra Nath Bandopadhyay (since deceased), was the owner of a dwelling house standing on a land measuring more or less 2 cottahs 6 chittacks and 19 sq. ft. (hereafter the said property). Debendra Nath passed away intestate on September 8, 1943 leaving behind him five sons, who jointly inherited the said property equally, each having undivided 1/5th share therein. THE eldest son of Debendra Nath was Kshetra Mohan Bandopadhyay, the father of the opposite party no.1. Kshetra Mohan passed away intestate on August 22, 1970, leaving behind him three sons, who jointly inherited the undivided 1/5th share of the said property that had devolved on Kshetra Mohan on the death of Debendra Nath.

2. THE opposite party no.1 instituted Title Suit No. 512 of 2008 before the learned Civil Judge (Senior Division), 7th Court, 24 Parganas (South) at Alipore for declaration and permanent injunction, impleading the opposite party no.2 as the sole defendant. It was alleged in the plaint that the opposite party no.1 had received a letter dated December 26, 2007 from the learned advocate of the opposite party n