JUDGMENT

C. NAGAPPAN, J.

1. These appeals are preferred against the judgment and decree dated 23.3.2007 in R.S.A. No.116 of 2000 and the order dated 1.4.2008 in Review Petition no.1 of 2008 passed by the learned single Judge of the Guwahati High Court, whereby the High Court has partly allowed the Regular Second Appeal and dismissed the Review Petition, both filed by the appellant herein.

2. The appellant/plaintiff herein filed the Title Suit no.11 of 1987 against the respondent/defendant no.1 herein in the Court of Civil Judge (Junior Division) no.2, Mangaldoi for declaration of title in respect of 1 katha 16 lechas of land described in schedule-1 to the plaint covered by Dag no.52/575 of P.P. no.960 situated in village Mangaldoi gaon and also for recovery of khas possession of the suit land described in schedule-2, which is a part of the land in schedule-1 by demolishing the structure put by respondent no.1 herein/defendant no.1 and also for permanent injunction restraining the respondents herein/defendants from raising new constructions on the suit land. The case of the appellant/plaintiff is that he purchased 1 bigha of land, mentioned in schedule-1, from one Mukta Ram Saikia by Exh.4 registered sale deed dated 12.7.1977 and took possession of the same and got mutation of his name in the revenue record and obtained patta Exh.5 also. It is his further case that the respondent no.1/defendant no.1 also purchased 1 bigha of land from the original common owner Bati Ram, which is the adjacent northern portion of the appellant/plaintiff’s land in schedule-1 and in November, 1978 respondent no.1/defendant no.1 constructed a thatched house by encroaching some portion of the appellant/plaintiff’s land in schedule-1 and on measurement, it is found that respondent no.1/defendant no.1 had encroached an extent of 1 katha 16 lechas which is described as schedule-2 in the plaint.

3. Respondent no.1/defendant no.1 filed written statement stating that she purchased 1 bigha of land from Bati Ram on 4.8.1955 and constructed a thatched house and she has not encroached on the suit land as alleged by the appellant/plaintiff.

4. Respondent no.2 herein/defendant no.2 impleaded himself in the suit and in his written statement he took the identical plea raised by the respondent no.1/defendant no.1 in her written statement. He further asserted that he never sold the suit property to the appellant/plaintiff and the sale deed dated 12.7.1977 is a forged one and he also filed a counter claim seeking declaration of title to the suit property and recovery of possession of the same from the appellant/plaintiff.

5. The said counter claim was resisted by the appellant/plaintiff by filing a written statement.

6. The trial Court framed 17 issues and the appellant/plaintiff examined himself and examined 5 other witnesses and marked 22 documents on his side. The respondents/defendant no.1 and 2 examined themselves and examined 4 other witnesses on their side. The Trial Court on consideration of the oral and documentary evidence dismissed the suit as well as the counter claim. The appellant/plaintiff preferred an appeal against the dismissal of the suit in Title Appeal no.8 of 1998 before the Civil Judge (Senior Division), Darrang at Mangaldoi and the respondent no.2/defendant no.2 preferred a cross objection and the Lower Appellate Court dismissed both on contest. The appellant/plaintiff preferred Second Appeal in R.S.A. no.116 of 2000 and the Guwahati High Court held that the appellant/plaintiff had title to the suit property in schedule-1 and partly allowed the appeal. The appellant/plaintiff herein filed Review Petition no.1 of 2008 stating that since the main relief had been granted, the consequential relief for khas possession of schedule-2 property ought to have been granted to him. The High Court dismissed the Review Petition. Challenging the rejection of the relief of recovery of khas possession of schedule-2 property and the relief of permanent injunction in t