This second appeal is directed against the judgment and decree dated 27.8.84 passed by the Assistant District Judge, No. 2 Cachar at Silchar in Title Appeal No. 12/75, dismissing the appeal and affirming the judgment and decree of the trial court.

2. The substantial question of law formulated by this court are :-

(i) Whether the learned appellate court did comply with the direction of this court in the remand order dated 3.6.83 rendered in SA 51/775 and (ii) Whether the learned appellate court was correct in law to shift the burden of proof to the defendant as regards receipt of service of notice U/s .106 of the T.P. Act even in spite of the fact that the defendant subsequently denied such receipt of notice ?

3. The facts of the case, in brief, are as follows : The respondent as plaintiff instituted a suit (TS 107/72) against the appellant for his ejectment from the suit land measuring 1B.4K. 12L. and for recovery of Rs. 751- as arrear rent and compensation. The respondents' case is that the appellant was in occupation of the suit land under him as a tenant according to the Bengali Calendar year at an annual rent of Rs. 20/-, but he failed to pay rent and became defaulter. Besides, th

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