S. P. Rajkhowa J:

1. This appeal arises out of the judgment and dated 24th June, 1986 passed by Sri A.K. Biswas, Asst. District 2nd court, Howrah dismissing the Title Suit no. 84 of 1983.

2. The plaintiff appellant filed the aforesaid suit for eviction of the defendant/respondent from the suit property and for khas possession.

3. The plaint case in• brief is that the plaintiff along with the proforma defendants purchased the property comprised in Municipal holding no. 55 and 148 J. N. Mukherjee Road (formerlv 61. Old Choosuri Road, P. S Golabari at present Thana (Malipanchghora) Salkia District Howrah by various deeds in definite shares which have been tabulated in the 1st para of the plaint. The plaintiff has held more then 50% of the share in the land of the said holdings and the plain riff alone purchased the structures and machineries etc. that stood on the holdings for valuable considerations. The plaintiff is occupying the share of the proforma defendants as a tenant under the proforma defendants for which they are realising rents from the plaintiff The vendors of the plaintiff and the proforma defendants by a deed of lease dated 20.9.52 had leased out the said holding