Satyabrata Sinha, J.: This appeal is directed against a judgment and decree dated 2.3.90, passed by Sri A. K. Dutta, Chief Judge, City Civil Court at Calcutta in Title Suit No. 602, of 1985 whereby and whereunder the plaintiffs suit for eviction was decreed ex parte.

2. The fact of the matter is not much in dispute.

3. By reason of a deed of lease dated 4.10.63 executed by (1) Amarendra Nath Boral, (2) Tarun Kumar Boral both sons of late Dunia Lal Boral and (3) Mrityunjoy Boral inducted Sm. Munni Ahirini, wife of Banwari Ahirini as a lessee for a period of 21 years commencing from 1st September 1963. Subsequent to the creation of the said lease, a suit being Suit No. 95 of 1978 (Mrityunjoy Boral vs. Sm. Taral Moni Dasi & Ors.) was passed wherein a decree for partition was passed by this court and in terms of an order dated 28.3.84, a partition was effected between Mrityunjoy Boral and Sm. Taral Moni Dasi and her son by reason whereof premises No. 21/1, Mahendra Goswami Lane, Calcutta, was allotted absolutely to the plaintiffs with their mother. It is stated that the mother Taral Moni Dasi executed a Will and thereby appointed the plaintiff No.2 as executor. The defendant is t