( 1 ) -THE instant appeal is directed a against the judgment and decree dated 10th August, 1977 passed by the learned Additional District Judge, 1st Court at Jalpaiguri in O. C. Appeal No. 48 of 1976 reversing the judgment and decree of dismissal dated 21st June, 1976 passed in O. C. Suit No. 82 of 1971 passed by the learned Munsif, Jalpaiguri.

( 2 ) PLAINTIFF/respondents brought the said O. C. , Suit No. 82 of 1971 against the appellant/defendant for ejectment. The plaintiff case was that he purchased the suit land by a registered deed dated 27. 2. 68 and became the owner of the same. The plaintiff's dwelling house is on a portion of the disputed land. A portion of the land was lying vacant. In the early part of 1968, the defendant approached the plaudit to allow him occupy the vacant land for the purpose of running a coal depot. The defendant assured the plaintiff that he would vacate the same whenever he demanded. The tenancy agreed upon in respect of the suit land commenced on and from 1st April 1968 and the rent was fixed at Rs. 20/- and it was increased to Rs. 28/ -. The defendant raised a structure on the land en condition that he would dismantle the same wh