JUDGMENT :

SUGATO MAJUMDAR, J.

1. This is a suit for declaration, recovery of possession, mesne profits and other reliefs.

2. The nutshell of the plaint case is that one Nagendra Nath Sett, by an indenture of trust dated 12/03/1946 created a trust estate appointing his wife Kshetramani Dassi as one of the trustees. The said Kshetramani Dassi, since deceased, executed a registered deed of lease on 11/10/1966 commencing on and from 01/09/1966 for a period of nine years at a monthly rent, in favor of the Defendant No. 3, a partnership firm. This lease was executed in respect of a piece and parcel of land admeasuring 6 cottahs 9 chittacks 31 sq. ft. with structures standing thereon situated at 45, Chittaranjan Avenue, Kolkata (“the suit property” in short). This tenancy became subject matter of Ejectment Suit No. 806 of 1976 instituted in the City Civil and Sessions Court of Calcutta.

3. The original Plaintiffs purchased the suit property from one of the beneficiaries of the aforesaid trust Dhirendra Nath Sett, by a registered deed of sale dated 18/07/1981. Thereafter, the original Plaintiffs were arrayed as defendants in the aforesaid pending suit. The suit was ultimately dismissed for no