Judgment

MOHAN, J.:- Leave granted.

2. The short facts leading to this appeal are under:

The premises in dispute is a Church property situate at No. 16, Sudder Street, Calcutta including the out-house. The first respondent, Kalyan Kumar Kisku ,filed a suit bearing No. 328 of 1988 before the High Court of Calcutta, for declaration of title, in his capacity as Secretary of Durgapur Diocese. It was claimed in the said suit that the Durgapur Diocese consisted of three rooms and inter alia it was claimed that the possession of Durgapur Diocese may not be disturbed. The suit was directed against the Church of North India and the Durgapur Diocese.

3. The prayers in the said suit are as follows :

"(a) A decree be passed declaring that the premises being No. 16, Sudder Street, Calcutta-16 including the outhouse and garages to which the Durgapur Diocese is in possession and/ or occupation, belong to the said Diocese of Durgapur to the exclusion of Diocese of Calcutta and the Durgapur Diocese alone has the executive right and title to use and enjoy the same;

(b) A decree be passed declaring that until the properties of the Durgapur Diocese are demarcated and or transferred and I or handed over to t