Indrajit Chatterjee, J.

1. This Court is hearing this second appeal as against the judgment and decree passed by the learned First Appellate Court being the learned District Judge, 1st Court at Alipore, 24-Parganas (South) as passed in Title Appeal No. 211 of 2012 dated 17th December, 2014 wherein the learned First Appellate Court was pleased to dismiss the appeal and confirm the judgment and decree passed by the learned Civil Judge (Junior Division), 1st Court at Alipore as passed in Title Suit No. 143 of 2012 dated 26-09-2012. It may be said at the very outset that the learned Trial Court disposed of the suit only on preliminary issue as to whether notice under section 586 of the Kolkata Municipal Corporation Act, 1980 (hereinafter called as Act of 1980) was necessary or not and the learned Trial Court came to the conclusion that such notice was necessary and as such, the suit was dismissed.

2. Let me now say in brief the fact of this case:-

3. The suit property originally belonged to Udani Rai, Ganga Devi and Ram Ekbal Rai. This Ram Ekbal Rai is the appellant No. 1. The other plaintiffs are the legal heirs of Ganga Devi and Udani Rai. The plaintiffs as per the plaint cla