This second appeal has been preferred by defendant of T.S. No. 87/1997 of the Court of learned Civil Judge (Jr. Divn.) No. 1 of Dibrugarh challenging the appellate judgment and decree dated 21.05.2004 passed by the learned Civil Judge (Sr. Divn.) at Dibrugarh in T.A. No. 12/2003. The respondent, namely, Smti. Putali Bala Das, as plaintiff, instituted T.S. No. 87/1997 in the Court of learned Civil Judge (Jr. Divn.) No. 1 at Dibrugarh stating that defendant, namely, Sri Munilal Das being the owner in possession of a plot of land measuring 2 kathas covered by Periodic Patta No. 38 and Dag No. 86 of Chiring gaon under Dibrugarh town Mouza executed a sale deed in her favour on 19.03.1985 and got the same registered. But subsequently, when the plaintiff made prayer for mutation on the basis of aforesaid purchase vide registered sale deed dated 19.03.1985, discovered that the defendant had executed sale deed in regard to Dag No. 68 whereas it should have been dag No. 86 although the boundaries remained same.

2. Situated thus, plaintiff got sent two notices to the defendant asking him to rectify the dag number mentioned in schedule to the sale deed. As the defendant did not re