BIBEKANANDA BHOWAL Vs. SATINDRA MOHAN DEB

JUDGEMENT

(1.) The dispute relates to 3 Kathas 9 Chataks of land situated in a commercial area of Silchar in District Cachar. The land originally belonged to Surendra Nath Sen and his two other co-sharers. Under a deed of settlement dated 25-3-1939 Surendra Nath Sen gave a settlement of this land to Satindra Mohan Deb for a period of 27 years commencing from 14-4-1939 and expiring on 13-4-1965. The respondents in all these appeals are the heirs and/or successors in title of Satindra Mohan Deb (hereinafter referred to as the 'Debs'). According to the Debs, after obtaining this settlement they built some permanent construction on a portion of this land.

(2.) Bibekananda Bhowal, the predecessor of the present appellants took settlement of 1 Katha 7 Chataks of land out of the total land admeasuring 3 Kathas and 9 Chataks from Satindara Mohan Deb on or about 17th of April, 1953. He claims to have constructed a single story building on the land taken under this settlement. He stated a pharmacy business in this building which is known as Bhowal Medical Hall. The business was being run by Bibekananda Bhowal with his two brothers. For the sake of convenience the heirs and/or successors-in-interest of Bibekananda Bhowal (since deceased) who are the appellants before us are hereinafter referred to as the 'Bhowals'.

(3.) The Debs filed Title Suit No. 41/1956 in the Court of the Assistant District Judge, Silchar against the Bhowals for possession of 1 Katha and 7 Chataks of land and the building thereon in the occupation of the Bhowals. The Assistant District Judge decreed the suit by his judgment and order dated 13-7-59 in favour of the Debs. In appeal, however, the parties arrived at a compromise. A decree in terms of the compromise was passed by the appellant Court on 10-5-1965. The relevant terms of the compromise decree are as follows:-