Judgment

ALAGIRISWAMI, J.:- This appeal is by special leave from the judgment of the High Court of Assam and Nagaland. The defendants are the appellants. The facts giving rise to the appeal are as follows.

2. There were four rooms in a land of an extent of 18 losses belonging to the plaintiff s father, in one of which the defendants were tenants since 1922 on an annual rent of Rupees 410/-. In 1942 they took another room on rent agreeing to pay Rs. 425/- a year. According to the defendants they built a double storeyed building at a cost of about twenty-six thousand rupees behind the above mentioned four rooms with the consent of the plaintiff s father, who was also the appellants attorney. Subsequently the plaintiff s father made a gift of this property in favour of his son, the plaintiff. The plaintiff s father had filed a suit against the appellants for certain sums due to him from the appellants. He had also filed a petition for declaring them insolvent. The plaintiff himself had filed a suit in the Sub-Judge s Court at Jorhat T. S. No. 14 of 1958 for eviction of the appellants from suit land and premises. On 7th June, 1959 an agreement was entered into between the appellants and