JUDGMENT :- This appeal, on behalf of defendant 1, arises out of a suit brought by the plaintiffs for declaration of their title to the disputed land and for recovery of vacant possession after removing a temporary abed erected by the defendant thereon. Only such facts as are relevant and necessary for deciding the limited questions raised in this appeal may be shortly stated.

2. Under the Maharaja of Cossimbazar Nirendra and his brothers held a jama in respect of C.S. plot No. 2122 within the Ranaghat municipality. Subsequently, Nirendra became the sole owner of the leasehold right. The plaintiffs case is that on O.S. plot No. 2122 they had erected certain that ched sheds. The principal defendant was inducted as a monthly tenant of those sheds for a fruit stall. A suit for ejectment had been filed against the defendant after due service of a notice under S. 106, T.P. Act. During the pendency of the suit however there was a fire in the bazar when this particular shed was completely burnt down. Thereafter, the defendant raised another structure on the land in spite of the protest of the plaintiffs. A prayer for injunction in the suit which was then pending was refused and thereupon t

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