BHAGWAN DAS SUKUL AND ORS. Vs. DHANAN JOY PAUL AND ANR.

JUDGEMENT

(1.) THIS appeal is by the Defendants arising out of a suit for the delivery of possession over the land set out in the schedule attached to the plaint by evicting the Defendants there from and removing the houses and other constructions made by the Defendants thereon. The trial court decreed the suit for possession on deposit of Rs. 2,000/ - as compensation to the Defendants Nos. 1 to 6 for those constructions and directed the Defendants to remove the houses from the land. Three months' time was granted to the Defendants to vacate the land, and the parties were directed to bear their own costs of the suit. On appeal by the Defendants the Additional Subordinate Judge affirmed the decree of the court below It is against this decree that the present appeal has been filed.

(2.) PLAINTIFF 's case as set out in the plaint was that the Plaintiff was the owner in possession of the land measuring 9 K. 2 Ch. within the Silchar Municipality. one Sarada Charan Acharyya was the owner of the disputed lands along with some other land. By a registered Kabala the land in dispute was purchased by one Rahman Mia from -Sarada Charan Acharyya. Later Mahibur Rahman Barlaskar purchased the land by a registered sale deed from Rahman Mia. Mahibur Rahman Barlaskar sold the disputed property along with some other land on 10 -3 -1952 to the Plaintiff Dhananjoy Paul and thus the Plaintiff became the owner of the 'and. Bhula Nath Sukul and Surendra Narayan look periodic settlement of the land" for a period of years. from 1st January 1935 to December 1944 from Sarada . Charan Acharyya on condition of payment of Ks. 30/ -per year, as the rent and continued in possession of the land under the said, settlement.

(3.) BOTH the courts below have held that the Defendants -(have failed to prove that they constructed a permanenl "structure within five years of the lease executed in 1935 and as such they are not entitled to protection under -Section 5 of the Act. The finding further is that the Defendants received the notice given by the Plaintiff.