Dr. Mrinal Kanti Chaudhuri, J. :-

This appeal is directed against the judgement and decree dated 24th April, 2008 passed by learned Judge, Small Causes Court, Sealdah in Title Suit No. 4 of 2005.

2. The plaintiffs/appellants’ case in short, is that the original plaintiff Daisy Mantosh and her brother James Mantosh were the owners of suit property measuring 2 bighas 2 katas 4 chataks 25 sq. ft. in Municipal premises No.73, Canal Circular Road, Calcutta, 700054 being holding No.42. After the death of Daisy Mantosh and her brother James Mantosh, present plaintiffs became the absolute owner of the suit property. The suit property originally belonged to one Abdul Jabbar who purchased the same in revenue sale. Abdul Jabbar transferred the suit property to one Molla Ataul Haque who again sold the said property to one Poonam Chand Seth by a deed of conveyance dated August 15, 1933. Poonam Chand Seth conveyed the said property by a deed of composition dated August 17, 1933 to Moti Chand Nakhat, Amrita Lal Shah, Thakor Lal Mehta and Champa Lal Daptari as trustees of a trust. Thereafter, said Moti Chand Nakhat, Amrita Lal Shah, Thakor Lal Mehta and Champa Lal Daptari sold the suit prop