( 1 ) THIS difficult case has been well argued and our only regret is that, however much we wished the contrary, this litigation would not end here but must go back to the trial court, though on a short point, for its final disposal. Complex, indeed, and varied were the questions which arose for our decision and the excellence of the arguments on either side added to their intricacies and enhanced our difficulties. We spent a considerable time over this case which had to be argued twice, - on a new point on the second occasion, - but we do not regret it as this space of time has borne fruit and it has not gone in vain and, eventually, we have been able to reach an agreed conclusion which accords with our sense of justice and view of the law.

( 2 ) THE suit, out of which this appeal arises, was a suit for ejectment and mesne profits. The appellant before us was the defendant in that suit. The suit was brought by the plaintiff respondent on 23-6-1955. It was decreed by the learned Sub-ordinate Judge on 10-8-1956, and, from the said decree, the defendant filed this appeal in this Court on September 11, 1956.

( 3 ) THE relevant facts lie within a short compass an