Manojit Bhuyan, J.

1. Heard Mr. J. Deka, learned counsel for the appellant. Also heard Mr. M.K. Choudhury, learned senior counsel assisted by Mr. A. Barkataky, Advocate for the respondent. The basic facts before the Courts below are as follows:

Title Suit No. 278/1997 was filed by the appellant/plaintiff Smti Anjana Sharma before the Court of learned Sadar Munsiff, Guwahati on 4.9.1997 praying for a decree for ejectment of the respondent/defendant Sri Hem Borah from the suit premises, identified as land measuring more or less 14.00 sq.feet covered by Dag No. 84, P.P. Patta No. 1 (F.S. Grant) under Holding No. 2, Ward No. 30 of Guwahati Municipal Corporation, Bamunimaidam, Guwahati. In the written statement filed by the respondent/defendant on 24.9.1998, the relationship of Landlord and Tenant between the plaintiff and the defendant was denied, in that, it was pleaded that there was no subsisting tenancy between them at any point of time. In view of the stand of the respondent/defendant, a petition for amendment of the plaint in terms of Order 6 Rule 17 CPC was filed on 15.3.1999, to which an objection was filed by the respondent/defendant on 3.5.1999. Having heard both the parties on the petition under Order 6 Rule 17of the CPC, the learned Court below allowed the petition for amendment vide order dated 14.6.1999, whereafter the appellant/plaintiff filed the amended plaint on 7.7.1999. Particular reference is made to paragraph 1A and 1B of the amended plaint which reads as under:

"1A. That the defendant deny the right, title and interest of the plaintiff over the Schedule 'A' land and for such denial, the plaintiffs right, title and interest over the suit land has been clouded. Thus the plaintiff has been compelled to file this suit against the defendants for declaration of right, title and interest over the Schedule 'A' land as well as for recovery of the Khas possession of the house standing thereon. The defendant attorned the plaintiff as his landlady.

1B. That the plaintiff is the full and absolute owner of the land. The plaintiff's mother Smti Hira Baruah originally was the owner of a plot of land measuring 1 (one) bigha covered P.P. Patta No. 1 (F.S. Grant) Dag No. 84 of Mouza-Ulubari, Guwahati. After the death of the plaintiff's mother, the land was partitioned between the plaintiff and her brother and the plot as described above fell into the share of the plaintiff."

2. The prayer in the suit, as amended, was for a decree for ejectment of the defendant from the suit premises upon a declaration of right, title and interest in favour of the appellant/plaintiff. In the suit as many as 9 issues were framed, out of which Issue No. 5 was with regard to as to whether the plaintiff has right, title and interest in the suit premises. The learned Trial Court decided the issue in the negative having found that the appellant/plaintiff had not brought on record any documents showing the ownership of the original owner Smti Hira Baruah nor the Partition Deed showing that she had inherited the land after her mother's death. The learned Trial Court also held that the Municipal Tax paying receipts as well as the land revenue receipts, so exhibited, do not go to support her claim of ownership over the suit land by virtue of right, title and interest. In fact, the very title of her mother Smti Hira Baruah was considered to be doubtful and clouded. In terms of discussion in Issue No. 5, the other Issue Nos. 4 and 7 with regard to as to whether the defendant is a tenant of the plaintiff and also a defaulter were also decided in the negative. The learned Trial Court found that the plaintiff not having proved that she is the owner of the suit premises, therefore, the question of the defendant being a tenant did not arise and consequently the question of tenant being a defaulter was held redundant. By judgment and decree dated 28.8.2000 passed by the Civil Judge (Jr. Division No. 3) Guwahati the suit was dismissed on contest without cost.

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