Ashim Kumar Banerjee, J.

FACTS:

1. Subject property being premises No. 24A Balaram Ghosh Street Calcutta was an old building at North Calcutta owned by Mukherjee family. By registered Deed of Lease dated July 25, 1964 Mukherjees leased out a portion of the said building being open and vacant courtyard at the back portion of the building for twenty one years in favour of the appellants. The lease expired by efflux of time in July 1985. As a condition of the lease, the appellants were permitted to raise structure on the said vacant land. However, at the end of the lease, structure, if any, would belong to the owner. Sri Bimal Chandra Mitra an advocate of this Court witnessed the said execution. He also helped the parties in preparation and execution of the document as claimed by the appellants. In 1966 Mukherjees sold their interest in the property to Ghoshes being the respondent’s predecessors. One Amiya Ghosh, Dr. Alok Kumar Ghosh, brothers by relation, and one Nirmal Mitra their brother-inlaw (Sister’s husband) purchased the property. In 1971 Nirmal, Amiya and Alok filed a suit being suit No. 327 of 1971 as against the Mukherjees and the predecessor of the appellants where