Judgement

Mrs. SUJATA V. MANOHAR, J.:- The dispute relates to 3 Kathas 9 Chataks of land situated in a commercial area of Silchar in District Cachar. The land originally belonged to Surendra Nath Sen and his two other co-sharers. Under a deed of settlement dated 25-3-1939 Surendra Nath Sen gave a settlement of this land to Satindra Mohan Deb for a period of 27 years commencing from 14-4-1939 and expiring on 13-4-1965. The respondents in all these appeals are the heirs and/or successors in title of Satindra Mohan Deb (hereinafter referred to as the Debs). According to the Debs, after obtaining this settlement they built some permanent construction on a portion of this land.

2. Bibekananda Bhowal, the predecessor of the present appellants took settlement of 1 Katha 7 Chataks of land out of the total land admeasuring 3 Kathas and 9 Chataks from Satindara Mohan Deb on or about 17th of April, 1953. He claims to have constructed a single story building on the land taken under this settlement. He stated a pharmacy business in this building which is known as Bhowal Medical Hall. The business was being run by Bibekananda Bhowal with his two brothers. For the sake of convenience the