A.H.SAIKIA
Prabhat Lal Baruah – Appellant
Versus
Kanak Chandra Baruah (died) by LRs – Respondent
The judgment and decree dated 8-3-90 and 2-4-90 respectively passed by the learned Assistant District Judge, No. 2 (now re-designated as Civil Judge (Senior Division) No. 2), Guwahati in Title Appeal No. 10 of 1996 is under challenge in this Second Appeal. By the impugned judgment the appellate Court affirmed the judgment and decree dated 15-2-86 passed by the learned Munsiff, No. 2, Guwahati in title Suit No. 72 of 1986 by which the suit filed by the plaintiff-respondents for possession of the land and house thereon by rejecting the defendant-appellant was decreed in favour of the plaintiff-respondents.
2. The plaintiff/respondent, being the owner of the suit premises, allowed his cousin, the defendant-appellant to stay in the said suit premises free of rent with a condition of payment of Municipal Taxes, revenues and electricity charges etc. and delivery of vacant possession of the same on demand of the plaintiff. In this regard,two agreements were executed by both the parties - the first, the Exit. 1 on 24-4-75 and the other one, the Exbt. 2 on 29-5-77. But those documents were admittedly not registered. The defendant took over the possession of the suit premises. But t
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