JUDGMENT

Arun Kumar, J.-This litigation has a chequered history. Land comprised in Jote No. 145 standing in the name of one Sonatan Dhopi was acquired by the then Maharaja of Tripura in the year 1347 T.E. corresponding to 1937 A.D. for a public purpose viz. construction of motor stand and pathway etc. It was found that the acquired land was in excess of the requirement, therefore, the excess land was decided to be settled in favour of tenants. One Dhirendrajit Singh Roy (predecessor of the appellant) and Jagabandhu Dhopi, who is said to be nephew of original owner Sonatan Dhopi, (predecessor of the respondents) were the applicants for settlement of the excess land. Application of Jagabandhu Dhopi was rejected while that of Dhirandrajit Singh Roy was accepted and a registered patta granting Takshishi Taluki rights in his favour was executed. In the year 1949 Jagabandhu Dhopi, however, encroached upon the land, subject matter of the patta which led Dhirandrajit Singh Roy to file a suit for eviction being Miscellaneous Case No. 141 of 1956 in the Court of District Magistrate-cum-Collector. During the pendency of the suit Dhirendrajit Singh Roy sold the suit land to Sudhanghshu Mohan De