Chittatosh Mookerjee, J.

1. Braithwaite & Company Limited, which was the defendant No.2 in the Court below has preferred this appeal against the judgment and decree passed by the learned Subordinate Judge, 4th Court, Alipore, 24 Parganas, passed in favour of the plaintiff/ respondent for recovery of possession of Flat No. 12A with fittings and fixtures, a servant's a quarter and a garage in premises, Lansdowne Court, being No. 5B, Sarat Bose Road, P.S. Bhawanipore and also for recovering mesne profits.

2. M/s. R.P. Agarwalla & Brothers Private Limited, the plaintiff/respondent as the Trustee to the Estate of Miss Madavi Agarwalla (Minor), had instituted the said suit originally against the defendant No.1, Braithwaite & Company (India) Limited, inter alia, on the allegation that by virtue of a registered Deed of Sale dated 19.9.1972 executed by M/s. Property Development Trust Private Limited, the plaintiff had become the sole and absolute owner of the of the Flat No. 12A with fitting and fixtures, a servant's quarter and garage No. 26 with fittings and fixtures on the ground floor of the said building, Lansdowne Court. The said M/s. Property Development Trust Private Limited