RAM LABHAYA Ag. C. J.: Hanuman-(2) It is alleged by the petitioner that he is the owner of the land measuring about 5 lessas of Dag No. 1633/Kha of periodic patta No. 962. The land has got a two-storyed pucca building on it. The petitioner was doing business in Desangmukh in the District of Sibsagar. Feel­ing that life was insecure there on account of the outbreak of subversive activity in that area, he shifted his residence and business to the town of Sibsagar. The land in question was originally in occupation of tenants. He got vacant possession of it by evicting them. One of the tenants was evicted on or about the

26th March 1949 and the petitioner occupied the part of the premises vacated by him. His (petitioner's) eldest son and some member a of the family shifted to that building and have been in continuous possession jointly with other tenants. On the 8th April 1950, he suc­ceeded in ' getting exclusive possession of the entire property. The double-storeyed house consisting of 4 rooms in all was said to have been built at a cost of Rs. 35,000/-. It became partially fit for occupation in September 1950, and was actually occupied on the 20th October 1950.

It was further alleged

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