Judgment

Arijit Pasayat, J.—Challenge in this appeal is to the order passed by a learned Single Judge of the Gauhati High Court on an application for review under Order XLVII Rule 1 of the Code of Civil Procedure, 1908 (in short the ‘CPC’). The application was filed by respondent No. 1 for review of the judgment and order dated 21.8.2002 passed in Second Appeal No. 12 of 1993. The Second Appeal was allowed by the High Court by the judgment and order, reversing the judgment and order passed in Title Appeal No. 6/90 and affirming the judgment and decree dated 19.1.1989 passed in Title Suit No. 2 of 1987.

2. Reference to the factual background, as projected by the appellant in some detail would be necessary because the High Court has referred to the factual background to modify the judgment passed by the High Court in the Second Appeal and directed its dismissal. As a consequence the judgment and decree passed by the First Appellate Court was affirmed and that of the learned Munsif in the Title Suit was reversed.

3. One Kalipada Das, (respondent No. 1 in the review petition) the original owner of the suit property, entered into an oral agreement with the appellant on 19.8.1982 and on the