JUDGMENT :

Krishna Rao, J.

1. The plaintiffs have filed the instant application praying for final Judgment and Decree under Chapter XIIIA of the Original Side Rules of this Court for recovery of immovable property with mesne profit along with interest.

2. The plaintiffs claimed that the immovable property being land and building at a portion of premises No. 16/1C, Ramakanta Bose Street, Kolkata and premises Nos. 80/1 and 80/2, Bhupendra Bose Avenue Kolkata – 700 004 measuring 8 Cottahs 8 Chittaks 6 square feet with structures and buildings having wide frontage of 68 feet of Bhupendra Bose Avenue Kolkata and 140 feet wide road of Kolkata.

3. By a lease dt. 10.09.2008 executed by the plaintiff no. 1 in favour of the respondent which was duly registered before the competent Authority being No. 9881 in the year 2009, the plaintiff no. 1 had granted leasehold rights to the defendant of a suit premises being land admeasuring 5 Cottahs 10 Chittaks and 34 square feet being a portion of premises No. 16/1C, Ramakanta Bose Street, Kolkata and premises Nos. 80/1 and 80/2, Bhupendra Bose Avenue Kolkata – 700004.

4. On 10.09.2008, the plaintiff no. 2 had also executed a deed in favour of the defendan