1. This Second Appeal has been filed against the concurrent judgment and decree dated 25.06.2004 passed by the learned Civil Judge (Senior Division) No.1, Silchar in Title Appeal No.8/2003 dismissing the appeal and affirming the judgment and decree dated 21.12.2002 passed by the learned Civil Judge (Junior Division) No.1, Silchar in Title Suit No.42/2000.

2. The facts of the case, stated in brief, is that the predecessor-in-interest of the plaintiffs, Late Jagat Chandra Deb, was the owner in possession of the suit land. During his life time, Jagat Chandra Deb had executed a tenancy agreement with Anil Chandra Ghosh i.e. the predecessor-in-interest of the defendants on 16.09.1962 under which a tenancy in respect of the suit premises was created on condition of payment of monthly rent of Rs.4/- which would become due within the 7th day of each succeeding month. Subsequently, rent was enhanced to Rs.8-/- per month by executing another agreement on 04.02.1974. During the currency of the tenancy as aforesaid, Jagat Chandra Deb gifted the suit property along with other properties, to his wife Labangabala Deb vide registered deed of gift dated 28.05.1974. Pursuant to the execution