In an earlier title suit, namely, Title Suit No. 152 of 1962 there was an compromise between the defendant No. 1 and the plaintiff-respondent and according to the said compromise the southern half of the land covered by old patta No. 15/623 vested with the plaintiff while the northern half on the defendant-respondent No. 1. Accor­ding to the plaintiff the area of the land was 4-Bs, 2-Ks, 5-Ls equivalent to 1.43 acres approximately- But this area is not admitted by the defendant No. 1. In the last survey this old patta was recorded as new patta No. 15/38 and covered by C. S. Plot No. 2007 and the area of land was shown as 1.36 acres. Plaintiff-respondent has alleged that reduction of area of-12 acres was due to encroachment of land by the defendant-appellants. After the above compromise decree, the land was demarcated in two half's by making a louri i. e. mud wall of 1” or 1 ½” height. It is alleged that taking advantage of the absence of the plaintiff-respondent, defendant •appellant No. 1 started encroachment on the southern half of the plaintiff's land in spite of repeated objections and thereafter the defendant-appellants constructed a dwelling house wherein defendant-appellant

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