H.N. Sarma, J.

1. This Letter Patent Appeal is directed against the judgment and decree passed by the learned Single Judge in First Appeal No. 3/1990 dated 5.11.1998 thereby dismissing the appeal and affirming the judgment and decree dated 5.2.90 passed by the learned trial Court.

2. This appeal having been filed on 9.3.99 and is pending since then the present change in law in terms of the Code of Civil Procedure Amendment Act, 2002, the maintainability of the letter patent appeal would not be affected and accordingly the appeal is heard to be decided on merit.

3. Heard Mr. T. Rajendra, learned Counsel for the Defendant No. 1/Appellant and Mr. N. Kerani, learned Sr. Counsel appearing for the Plaintiff/Respondent.

4. The suit out of which the Letters Patent Appeal arises was instituted by the Respondent/Plaintiff in the Court of the then subordinate Judge No. 1 Manipur, Imphal, on 24.2.1984 praying for recovery of possession of the suit land measuring 0.62 acre evicting the Defendant No. 1 there from, decree for mean profit and for other reliefs. The said suit was registered as original suit No. 5/84, subsequently renumbered as T.S. No. 42/1986 and finally as T.S. No. 23/1987. T