U.N.Sinha, J.

1. This is an appeal by defendant No. 1. It arises out of a suit instituted by the plaintiff for eviction of defendant No. 1 from the property mentioned in Schedule A of the plaint. There was a prayer for the removal of the structures raised by defendant No. 1 on the land in dispute. The plaintiff had claimed damages and compensation also.

2. The plaintiffs case, in short, was as folows: The land in dispute measuring 2 kathas 10 dhurs originally belonged to pro forma defendant No. 2. The land had been let out to defendant No. 1 as a monthly tenant for temporary residential purposes. Defendant No. 2 had sold the land to the plaintiff by a registered sale deed dated the 10th October 1953. According to the plaintiff defendant No. 1 was, therefore, in possession of the land in dispute as a monthly tenant under the plaintiff. The plaintiff having required the land for his own use, had served a notice upon defendant No. 1 to deliver possession to the plaintiff after removing the structures standing on the land in dispute. Defendant No. 1 not having complied with the notice, the plaintiff was compelled to institute the suit for the reliefs mentioned above.

3. The sui