JUDGEMENT :- This Second Appeal by the defendant is directed against the judgement and decree passed by the District Judge, Goalpara, at Dhubri, in Title Appeal No. 10 of 1973.

2. The plaintiff brought the suit for declaration of his title to the suit property on the allegation that the land originally belonged to his brother, Syed Ali Jotedar, who had gifted the land to him about 14 or 15 years ago. Since then, he was in possession of the suit land But later on he discovered that Khatian had been issued to the defendant in respect of the land and the defendant was attempting to dispossess him and hence he filed the suit for declaration of his title and for correction of the Khatian issued in the name of the defendant.

3. The defendant in his written statement has admitted that the land originally belonged to Syed Ali. His case is that Syed Ali sold the land in favour of one Johiruddin by a registered sale deed. On his death the land was inherited by his son, Motiur Rahman, who sold it in favour of the defendant by a registered sale deed proved as Ext. Jha.

4. The learned trial court dismissed the suit holding that the defendant was able to prove his title to the suit land wh