JUDGMENT :

1. Affidavit of service filed by the petitioner in court today be kept with the record.

2. Being aggrieved and dissatisfied with the Order No.30 dated 16.01.2021 passed by the learned Additional District Judge, 1st Court, Hooghly in Title Appeal No.35 of 2016, present application has been preferred.

3. The petitioners contended that the opposite party herein filed Title Suit No.234 of 2010 before the learned Civil Judge (Junior Division), 2nd Court, Hooghly with a prayer for eviction of the original defendant Ranjit Mukherjee, since deceased, who is the predecessor-in-interest of the petitioners herein, from the property described in the schedule to the plaint.

4. The aforesaid suit was dismissed by the trial court by its judgment and decree dated February 15, 2016 on the ground that the description of the suit property in the notice to quit and in the schedule to the plaint does not tally with the description of the property mentioned in the sale deed filed by the plaintiff by which he had purchased the said property. Accordingly, the trial court held that the notice under Section 106 of the Transfer of Property Act which discloses the cause of action, is not proper and