( 1 ) THE Second Appeal arises out of a suit for recovery of khas possession, mesne profits, demolition of the structures built upon the suit property and an injunction. The plaintiffs allege that the defendant No I has no existing interest in the land and that on the 5-8-1948 the defendant No. 1 wrongfully trespassed upon the land and thereafter has constructed some temporary structures thereon. The defendant No. 1 alleges that he has taken settlement of the suit land from the plaintiffs in Magh 1354 B. S. at an annual rent of Rs. 5/- and has thereafter constructed pucca structures with brick walls and tiled roof thereon with the knowledge and consent of and without any objection from the plaintiffs. The defendant No. 1 claims that the plaintiffs have no right to eject him and that in the alternative and in case the plaintiffs are found to be entitled to a decree for ejectment, the defendant No. 1 should be given a decree for the sum of Rs. 2500/- by way of compensation for the value of the structures.

( 2 ) BOTH courts have concurrently found that In Magh 1354 B. S. the plaintiffs granted an oral lease of the property to the defendant No. 1 at a yearly rent of Rs.