Gurusharan Sharma, J.-Plaintiff filed Title Suit No. 171 of 1984 against defendants for declaration of title and recovery of possession over northern portion of Holding No. 1798 in Ranchi town, consisting of a shed, which was converted into two temporary rooms.

2. Admittedly the said holding standing over municipal plot no. 2286 measuring 44 Karis belonged to plaintiff's father, Abdul Hamid, which after his death was inherited by his widow, Haliman, sons, Abdul Mazid & Azizur Rahman, plaintiff and daughter, Basiran, defendant no.1. All of them jointly executed a mortgage deed dated 06.05.1951 in respect of the said holding in favour of one Md. Sayeed.

3. Plaintiff filed Partition Suit No. 60 of 1956 wherein a compromise decree (Exhibit 9) was passed on 18.11.1995. Holding No. 1798 was allotted to plaintiff's share and he had to pay a sum of Rs. 562.50 paise to his sister Basiran (defendant no. 1 in the present suit) in lieu of her share therein.

4. Plaintiff on 01.07.1964 redeemed mortgage dated 16.05.1951 and came in possession of holding No. 1798 and made new constructions therein.

5. Plaintiff's further case was that for the purpose of new constructions he had made a tempor