This is an appeal by the defendants against the decree of Sri M. M. Rahman, Subordinate Judge, Gauhati, dated 7th September, 1967, whereby he granted a declaration to the plaintiff Putuli Rasul of her title to the property in dispute and awarded her khas possession thereof by demolition, if necessary, of the temporary structures set up by the defendants. In addition, the plaintiff was awarded a decree for Rs. 920/- by way of mesne profits as also the costs of the suit.

2. The plaintiff Putuli Rasul had alleged in the plaint that her brother Anisur Rasul had purchased the land in dispute from Bilahi Dasva and Sabitri Dasya following an earlier mortgage by them in his favour. Anisur Rasul happened to construct some houses on the purchased land and thereafter he made a gift of the land together with the houses standing thereon in favour of the plaintiff. Out of the gifted property the plaintiff leased out the northern part of it to the defendant No. 1 Jurmati against the rental of Rs. 40/- per mensem. The defendant No. 1 paid the rent for sometime, but when the plaintiff asked her to vacate the land she (Jurmati) not only refused to do so but also stopped paying rent from Jan