We have heard Mr. B.K. Goswami, the learned senior counsel for the appellants-defendants and Mr. C.K. Sarma Barua, the learned senior counsel for the respondent. 2. This appeal has been directed against the judgment and decree dated 25.9.98 passed by the learned Civil Judge (Senior Division) No. 1, Guwahati in Title Suit No. 183/1986 decreeing the same. The original defendant in the suit Nabalal Choudhury (since deceased) had filed the present appeal. During the pendency of the appeal before this Court the original defendant expired and was substituted by the present appellants being his heirs and legal representatives.

3. The case of the respondent-plaintiff as narrated in the plaint, shortly put, is that the original defendant Nabalal Choudhury (since deceased) was the owner of a plot of land measuring 13 lechas covered by K.P. Patta No. 91(old)/67(new), Dag No. 1241 of village Sahar Guwahati under Mouza Guwahati and that he was the recorded pattadar of the same. The said land is the suit land. His further case is that on 6.8.84 the original defendant approached him proposing to sell the said land alongwith the houses thereon and he (respondent-plaintiff) having a