(1.) THIS appeal arises out of the judgment and decree dated 18th July, 1974 passed by the learned Additional District Judge, Alipore in Title Appeal No. 635 of 1973 affirming the judgment and decree passed by the learned Munsif, 3rd Court, Alipore in Title Suit No. 369 of 1969. The defendant is the appellant in the instant appeal and the suit was instituted by one Kazi Golam Hussain, the predecessor-in-interest: of the present plaintiff respondents No. 1 to 4 against the defendant appellant and also impeding the perform respondents No. 5 to 7 for declaration of title to the suit property, recovery or possession of the same and for mesne profits and injunction. The case of the original plaintiff was inter alia that he was the son of Kamarunnessa brother's son. Kamarunnessa took settlement of the suit land from the Mutwalli of the wakf Estate of Hazi Amin Mistri and had raised structures on the suit land. The preformed defendants No. 2 and 3 were the present Mutwalli of the Wakf Estate. The said Kamarunnessa lived in one of the. two rooms and she had let out two other rooms to tenants. Kamarunnessa died on 5-8-61 leaving the plaintiff as her sole heir. The defendant No, 1 w