S. P. Rajkhowa, J: This appeal is directed against the order dated 10th October 1985 passed by a Learned Single Judge in Civil Order No. 13461(W) of 1981. By the impugned order the Learned Single Judge has dismissed the Civil Order and vacated all interim orders.

2. The salient facts in the writ petition are that premises No. 28/1, Gariahat Road, originally belonged to the mother of the writ petitioner Smt. Kamala Bala Devi, wife of Late Harihar Mukherjee. By a Registered Deed of Gift dated 28th March 1958 Kamala Bala Devi transferred all her rights, title and interest in respect of a portion measuring about 6 cottahs 4 chittacks and 39 sq. ft. of the said permises No. 28/1, Gariahat Road, Calcutta to the petitioner (fully described in para 4 of the petition). Sometime thereafter the petitioner constructed a building in the suit premises in accordance with the plan sanctioned by the Corporation of Calcutta and after construction he has been residing there with the member of his family (paragraph 1) of the petition). Thereafter on or about 21st March 1981 he was surprised to receive a purported notice numbered 2999 dated 19th March 1081 from the respondent No. 1 intimating hi