Dr. Anand, J.-This appeal by special leave is directed against the judgment and order of the High Court of Gauhati dated 12.8.88 in Second Appeal No. 85/79 and has arisen in the following circumstances :

2. Shri Durga Charan Barua, predecessor in interest of the appellant, allowed respondent No. 1 Umesh Chandra Goswami, to make permissive use of a plot of land in Jorahat town for a period of two years commencing from 1.6.63 and to raise temporary structure thereon for the said period for the purpose of his residence. There was an understanding between them that the respondent would remove the structure and deliver khas possession of the suit land after the expiry of the period of two years. On the failure of the respondent to handover the vacant possession of the suit land to the predecessor-in-interest of the appellants a registered notice was served on the respondent to deliver the possession by 31st March, 1966. The respondent did not deliver possession and the predecessor in interest of the appellant thereupon, in 1966, filed a suit in the Court of Munsif, Jorahat, for a decree of khas possession and compensation. It was registered as title suit No. 65/66. After survey