( 1 ) THE subject-matter of this litigation is a small plot of land forming part of the bank of a tank known as 'dalan Pukur'. Originally, it formed part of a patni, the owner of the patni being one Annada Prosad Saha Choudhury. The patni was sold on 16-5-1936 under Regulation VIII and purchased by Bithaldas Kuthari. The plaintiff's case is that Bithaldas settled the property with Ahibhusan Ghosh on 20-3-1940 and thereafter the plaintiff purchased this particular land on 15-2-1944 by a registered kobala. It is alleged that he was dispossessed by the defendant on 9-2-1945.

( 2 ) THE defence is one" of a right of tenancy which it is said has not been determined. The defendant contends that one Hatu Shaikh took permanent settlement of some lands including the land in dispute in April 1934, and that Hatu Shaikh who exercised possession thereafter and regularly paid rent sold half of the land covered by the jama to the present defendant on 26-3-1942. It is said that some time after that on partition between Hatu Shaikh and the defendant the present plot fell in the defendant's share and the defendant has since then been in possession thereof. The defendant also den