MAHENDRA PRASAD SINGH AND ANR. Vs. BALLAV CHANDRA HAZARIKA AND ORS.

JUDGEMENT

(1.) THIS is a appeal by defendants Nos.3 and 4 and arises out of a suit which was instituted for their action by the plaintiff. The plaintiff alleges that he is the owner of the land and the houses which stand thereon. When he left Sibsagar on transfer he put the defendants Nos. 1 and 2 in the suit land and allowed them to occupy the houses in question. These defendants thus continued to be in occupation with their other brother defendant No. 3 and their mother.

(2.) THE trial Court held that defendant No. 3 not being a party to the earlier suit was in occupation of the land in his own rights along with his mother and as such was not liable to be evicted. It accordingly dismissed the suit. The lower appellate Court has reversed that decision. It found that die decree in the earlier suit was binding On the two brothers defendants Nos. 1 and 2 and that defendants Nos. 3 and 4 came upon the land along with the other defendants who were the tenants of the plaintiff and were not entitled to claim any independent right on the land and they could be also regarded as permissive tenants thereof.