( 1 ) THIS appeal is at the instance of the plaintiff and it arises out of a suit for declaration of title, recovery of possession and mesne profits.

( 2 ) THE disputed house belonged to one Hiru Sheikh. He died in 1948 leaving behind him his four song and two daughters. The heirs of Hiru Sheikh, namely, Abdul Latif. Abdul Gani and others were living in the disputed house being premises No. 4. R. N. Chatterjee Lane. Baranagar. There was a communal riot in or about March, 1950, and they had to leave the disputed house and take shelter in village Badra, in the interior part of the district of 24-Parganas. Taking advantage of their absence, the defendant who is a refugee from East Pakistan, occupied the disputed house which was lying vacant. The plaintiff purchased the disputed house from Abdul Latif and others on May 29, 1964, by a registered sale deed. He mutated his name in the Municipal Register and paid taxes. The plaintiff requested the defendant to vacate the disputed house, but the defendant, though he assured the plaintiff that he would vacate the same, did not ultimately do so. In the circumstances, the plaintiff instituted the suit for the reliefs aforesaid