1. Heard Mr. P.P. Baruah, learned counsel for the appellant. Also heard Mr. G.N. Sahewalla, learned Senior Counsel appearing for the respondent. This second appeal has been preferred against the judgment and decree dated 13-02-2003 passed by the learned Civil Judge (Senior Division), Sivasagar in Title Appeal No. 03 of 1994 reversing the judgment dated 24-01-1994 and decree dated 02-02-1994 passed in Title Suit No. 91 of 1990 by the learned Munsiff No. 1, Sivasagar dismissing the suit filed by the plaintiff/ respondent.

2. The facts of the case, as emerged from the record is that the suit land originally belonged to the predecessor-in-interest of the plaintiff. The father of the plaintiff were four brothers, namely, (1) Sadananda Bora, (2) Phanidhar Bora, (3) Bapuram Bora and (4) Biren Bora. All the brothers except Biren Bora have died. Phanidhar Bora and Bapuram Bora died without leaving behind any legal heirs. Biren Bora went away to some other place leaving behind his house and landed property under the care and custody of Sadananda Bora i.e. the father of the plaintiff. Sadananda Bora died leaving behind two sons, namely, (1) Guna Bora i.e. the plaintiff and (2) Ratneswar