This appeal arises out of the judgment and decree passed by the learned Additional District Judge, 4th Court, Alipore, in Title Appeal No. 2 of 1975 affirming the judgment and decree passed by the learned Munsif, 3rd Court of Sealdah, in Title Suit No. 4 of 1973. The defendant No. 1, is the appellant and the said Title Suit. No. 4 of 1973 was instituted by the plaintiff-respondents Nos. 1 and 2, Smt. Puspa Rani Ghose and her husband, Jatindra Nath Ghose against the defendant No. 1, Sukumar Bose and also impleading his son, viz. Biswaranjan Bose for eviction of the defendant No. 1 from the suit premises and for recovery of possession of a shop room comprising the tenancy in question.

2. The case of the plaintiffs was, inter alia, that the defendant No. 1 was inducted as a tenant in respect of the said shop room but his tenancy was determined by a valid notice to quit but as the name of the son of the defendant No. 1 also appeared on a signboard of the said shop room he was also impleaded as a proforma defendant. It may be stated in this connection that prior to the institution of this suit, the plaintiffs also instituted another suit for eviction against the said defendant No