Hiranmay Bhattacharyya, J.:-

1. The 1^st respondent herein filed Ejectment Suit No. 584 of 1995 which was renumbered as Ejectment Suit No. 195 of 2000 before the Learned Judge 4th Bench, Presidency Small Causes Court at Calcutta against a partnership firm under the name and style “Messrs P.L. Mullick & Co.” for eviction and for recovery of khas possession from the suit room occupied by the firm as a tenant on the ground that the firm has wrongfully sublet and transferred possession of different portions of the suit room to several persons without consent of the landlord.

2. During the pendency of the said suit one of the partners of the firm namely Baldev Mullick alias B. Mullick died. The learned trial judge decreed the said suit by a judgment and decree dated February 11, 2003. A decree for eviction and khas possession was passed against the firm. Being aggrieved by the said judgment and decree, the firm preferred an appeal being Title Appeal No. 32 of 2003. The learned Judge 2^nd bench, City Civil Court at Calcutta dismissed the Title Appeal by a judgment and decree dated October 12, 2004.

3. The firm preferred the instant second appeal challenging the judgment and Decree passed by t