( 1 ) IN this Second Appeal Chhaganlal Marwari, the principal defendant No. 1 of the original suit is the appellant- The appeal is being contested by the plaintiff-respondent, the Indian Iron and Steel Co. Ltd. described hereinafter as the Company.

( 2 ) THE allegation of the plaintiff-company in the plaint is that the pro forma defendant No. 4 Mahammadin Brothers, a business concern was a non-agricultural tenant in respect of the suit land under the plaintiff and thereafter some constructions were made by the said tenant. The Company filed the Title Suit No. 76 of 1953 in the First Court of Munsif, Asansol against Mahammadin Brothers for recovery of khas possession of the suit land by evicting the said tenant therefrom on determination of the tenancy and also for recovery of arrears of rent and mesne profits. In that suit a preliminary decree was passed on 12-11-1953. The recovery of khas possession of the disputed property was to be made on payment of compensation as might be agreed upon between the parties or determined by the Court in respect of the structures standing on the land. In terms of this preliminary decree a commission was appointed for determin