This second appeal is on behalf of the principal defendant. The plaintiff brought a suit for declaration of his right and title over the suit land measuring 2 Kathas 12 1/2 lechas in Barpeta town described in schedule Kha to the plaint. This land originally belonged to the principal defendant, who sold the same to the plaintiff by executing a registered sale deed on 11-2-43 for a con­sideration of Rs. l.OOO/-. The defendant had his houses over the suit land and al­though it is recited in the document that possession was delivered, he took per­mission from the plaintiff for removal of his houses within 6 or 7 months and the plaintiff agreed to the same. The plain­tiff got his name mutated in the record of rights. The defendant was unable to remove the houses within that time and requested for permission to continue there and on 14-8-43 he executed an un­registered kabuliyat in favour of the plaintiff agreeing to pay a rent of Rupees 5/- per month and stay there for one year after which he will remove his houses without notice. The plaintiff agreed to the said arrangement.

After the expiry of one year also he could not vacate and executed two suc­cessive unregistered kabuliyats on 15-

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