Anil K. Sen, J.

An objection under S. 47 of the Code of Civil Procedure which was registered as Misc. Case No. 37 of 1978 of the 2nd Court of the learned Subordinate Judge. Hooghly, having been allowed by an order dated February 16, 1982, the decree holders have preferred the present revisional application. The application is being heard on notice to and on contest by the judgment debtor.

2. One Harihar Mukherji, the predecessor in interest of the present petitioners filed Title Suit no. 33 of 1968 in the 2nd Court of the learned Subordinate Judge. Hooghly, for recovery of possession and for mesne profits against three defendants including the present judgment debtor respondent. The case made in the plaint was to the effect that defendant no. 3 who was a nephew of the plaintiff was left to look after the suit property on his behalf and the said defendant no. 3 inducted the defendant no. 1 the present judgment debtor as a monthly tenant in the suit premises. As no rent was paid by the defendant no. 1, the plaintiff filed Title Suit no. 286 of 1962 in the 2nd Court of the learned Munsif, Serampore, for eviction against the defendant no. 1 on the ground of default. In that suit