D. P. Sarkar II, J.: This Appeal is directed against the Judgment and the Decree of reversal passed by Sri N.D. Khan, ld, Assistant District Judge, 3rd Court, Howrah in Title Appeal No. 221/1989 arising out of the judgment of dismissal passed by the ld. Munsif, 1st Court, Howrah in Title Suit No. 137/1986.

2. The facts leading to this Appeal are, in short, as follows:-

The respondent––Luton Thakur was appointed as an Assistant teacher on 6.1.1960 by the Managing Committee of the appellant-school viz. Don Bosco School at Liluah on probation for a year with the condition that he would be confirmed to the post on rendering satisfactory service. With effect from January, 1961 he was confirmed. Thereafter on 30.6.1961 an agreement was signed between the plaintiff and the Secretary of the appellant-school, in terms of which the service of the respondent could be terminated with three months' notice or three months' pay in lieu of notice under cl. 5 of the agreement, without assigning any reason. The service of the respondent Sri Thakur was also approved by the Government and he was allowed to draw Dearness Allowances and to subscribe to the Provident Fund. On 14.6.1985 during the S