SARJOO PROSAD, C. J. :

This appeal is by the plaintiff who filed a suit for ejectment of defendant No. 1 from 13 lessas of land. He also claimed compensation in the suit.

(2) The facts show that one Golap Chandra Dowerah died leaving behind an area of 36 bighas 2 kathas and 5 lessas in a ward of the Dibrugarh Municipality. Defendants 2 to 7 are the sons of Golap Dowerah and defendants 8 and 9 are his two widows.

There was an amicable partition between the heirs, according to which the plaintiff got 4 bighas 1 katha of land as his share, and his mother, defen­dant No 8, got another four bighas of land for herself.

The plaintiff, at the time of the amicable arran­gement, was a minor and a separate periodic patta No. 192/254 was issued in the joint names of the plaintiff and his mother in respect of their shares of the land comprising 8 bighas and 1 katha.

The patta covers dags 879/932 and 880/933. The latter dag has an area of 3 kathas and 5 lessas and Includes the disputed area of 13 lessas in respect of which the present suit has been filed. The plaintiff instituted a suit earlier, being Title Suit No. 25 of 1952, for eviction of the defendant from this land, but the suit was dismissed

Click Here to Read the rest of this document