Ashis Kumar Chakraborty, J.

The instant appeal is at the instance of the appellants, who suffered a decree for eviction, passed by a learned Single Judge, in respect of Premises No. 8A, Burdwan Road, Alipore situate in the heart of the city of Kolkata comprising a plot of land of 13 cottahs together with a dwelling house (hereinafter described as “the suit property”). The appellants are the two sons of Shivnath Shroff, since deceased the original defendant no. 9 in the eviction suit (hereinafter referred to as “the original defendant no. 9”). The respondent no. 1, owner has also filed a cross-objection from the decree passed by the learned Single Judge. We shall first deal with the appeal of the appellants.

One Smt. Narayani Debi Bajaj since deceased (hereinafter referred to as “Narayani”) was the owner of the suit property. By a registered indenture of lease dated August 10, 1951 Narayani demised the suit property in favour of Ila Basu (hereinafter referred to as “Ila”), the proforma respondent no. 2 in this appeal, for a period of thirty years commencing from August 1, 1951. By a registered indenture dated June 26, 1954, Ila assigned her right and interest, under the said lease dated August 01, 1951, in respect of the suit property in favour of Amal Kumar Mukherjee, since deceased and the proforma respondent nos. 3 to 6 in this appeal. After the death of Amal his right and interest in respect of the suit property, under said deed of assignment, devolved upon his legal heirs, the proforma respondent nos. 7 and 8 in this appeal. For the sake of convenience Amal Mukherjees, the proforma respondent nos. 7 and 8 and the proforma respondent nos. 3 to 6 are hereinafter referred to as “Mukherjees”. In the year 1962, Narayani, died intestate and the ownership of the suit property devolved upon her twelve legal heirs (hereinafter referred to as “the said co-owners”). In 1971, the original defendant no. 9 became a tenant in respect of the suit property, under the said Mukherjees and he obtained possession of the suit property. On September 21, 1978 an agreement was entered into between the said co-owners and the original defendant no. 9, for transfer of the suit property in favour of the original defendant no.9 and/or his nominees for a total consideration of Rs.2 lacs. Out of the total consideration amount of Rs. 2 lacs, the original defendant no. 9 paid Rs. 20,000 to the said co-owners and the balance consideration amount was payable at the time of execution of conveyance. By an indenture dated April 21, 1981, Mukherjees assigned their right title and interest, in respect of the suit property, under said indenture of lease dated August 10, 1951 in favour of Vishanath Kapur, the proforma respondent no. 9 in this appeal. By four separate deeds of conveyance all dated July 6, 1981, all the said co-owners sold, transferred and conveyed their right, title and interest in the suit property to the respondent no.1 in this appeal. On July 15, 1981, the original defendant no. 9 along with his nominees, namely, Triveni Devi Shroff, Indira Devi Saraf and Preamlata Saraf filed a suit being Suit No. 531 of 1981 (hereinafter referred to as the “said specific performance suit”), before this Court, against all the said co-owners claiming, inter alia, a decree for specific performance of the said agreement dated September 21, 1978. It is to be noted that in the specific performance suit, the plaintiffs therein, also made an alternative claim for damages for a sum of Rs. 10 lacs in lieu of specific performance. During the pendency of the said specific performance suit, the original defendant no. 9, came to know about the said four conveyances dated July 6, 1981 and prayed for, inter alia, impleadment of the respondent no.1, in the said specific performance suit and for certain amendments in the plaint . By an order dated July 9, 1982 a learned Single Judge allowed the said prayer but, the necessary amendments of the plaint or the specific pe