JUDGMENT :

SOUMEN SEN, J.

1. The battlefield of Kurukshetra has entered the arena of this civil litigation in a very small but significant way concerning "only" 250 sq. ft. allegedly in unauthorized possession of the appellant, a society, devoted to Lord Krishna.

2. The learned Single Judge found that the dharma is with the plaintiff and the appellant to be in wrongful possession of the area in question and accordingly passed a decree for eviction and mesne profits. The appellant was held to be a trespasser in respect of the suit schedule property.

3. Before we advert to the submissions made on behalf of the parties, we would like refer to relevant facts for proper appreciation of the dispute between the parties.

4. One Priyambada Devi was the original owner of 3 Albert Road. During her lifetime, she executed a will dated 6th April 1926, by which she bequeathed 'ka' and 'kha' Schedule property at 3 Albert Road, Kolkata in favour of Saileswar Singh Roy and Lila Mohan Singh Roy both since deceased. The premises of 3 Albert Road was eventually divided in 3A Albert Road and 3C Albert Road.

5. The Will gives description of the extent of properties bequeathed in favour of the beneficiaries wit