1. This second appeal is directed against the judgment and decree dated March 28, 2005 passed by the learned Additional District Judge, 5th Court, North 24-Parganas at Barasat in Money Appeal No. 1 of 1998 thereby, setting aside the judgment and decree dated January 27, 1987 passed by the learned 4th Court of Munsiff, Sealdah in Money Suit No. 68 of 1967.

2. As submitted by both Mr. Singhvi and Mr. Ghosh, learned Advocates appearing for the appellants and the respondents respectively, the original plaintiff, Sudhir Kumar Adhikary had filed the aforementioned money suit claiming, a decree for recovery of arrear rent in respect of the suit property situated at 2, M.M. Feeder Road, P.S. Belgharia, Kolkata 700 056 against the predecessor-in-interest of the respondents, Ajit Kumar Das, who died during the pendency of the suit. After the death of the original defendant, his heirs and legal representatives, being the respondents in this appeal, were substituted as the defendants in the money suit. The learned trial Judge decreed the said money suit in favour of the original plaintiff. The respondents carried the said decree passed by the learned Trial Judge in