1. This appeal by grant of special leave has been filed by Defendant 1, the appellant herein, against the judgment and decree passed by the High Court of Calcutta. By the impugned judgment the High Court has restored the decree for recovery of possession and mesne profits with regard to Plaint 'B' schedule property in favour of the plaintiffs/original Respondents 1 and 2 (since deceased and now represented by their legal representatives), setting aside the judgment of the appellate court in Title Appeal No. 52 of 1976 and restoring that of the Trial Court.

One Hangeswar alias Narendra Nath Singha on 4-2-1936 obtained settlement/lease hold interest for 'A' schedule property i.e. Premises No. 77, Benaras Road, Howrah admeasuring 3. bighas including a tank from Sear Sole Raj Estate. He raised certain constructions including sheds on 'B' schedule property, a part of 'A' schedule property and set up an iron casting foundry under