JUDGMENT: - This appeal arises from the judgment and decree passed by the learned Assistant District Judge Goalpara in Title Appeal No. 99 of 1978 affirming the judgment and decree passed by the learned Munsiff (I), Dhubri in Title Suit No. 120 of 1975 decreeing the suit for ejectment or eviction of the defendant from the suit premises.

2. The plaintiff brought the suit stating that the defendant, on 8-12-1964, took lease of the suit premises at a monthly rent of Rs. 200/-. But the defendant defaulted in payment of rents for the suit premises from the month of February 1967. The defendant has also sublet a portion of the suit premises.The plaintiff demanded rents and possession of the suit premises, but the defendant failed to pay rent and to vacate the suit premises. The defendant contested the suit. The case of the defendant was that he took a loan of Rs. 4,100/- from the plaintiff by mortgaging the suit premises. The defendant was allowed to possess the suit premises as before on his own right. But a deed of sale, dated 5-12-64, registered on 8-12-64 was obtained by the plaintiff from the defendant for Rs. 8,200/-. A deed of re-conveyance dated 7-12-64 (Ext.4) register