1. This Second Appeal has been preferred against the concurrent judgment and decree dated 30.04.2008 passed by the Court of Additional District Judge (FTC) No.4, Guwahati in Title Appeal No.24/2005 setting aside the judgment and decree dated 31.08.2005 passed by the Civil Judge (Senior Division) No.1, Kamrup, Guwahati in Title Suit No.57/2001 dismissing the suit filed by the respondent/plaintiff.

2. The case of the plaintiff as projected in the plaint is that the original plaintiff, Subodh Chandra HJazarika, was the owner in possession in respect of a plot of land measuring 4 katha 8 ½ lechas covered by dag No.1027, 1030 and 1035 of KP Patta No.437 of village Sahar Guwahati, Mouza Ulubari which has been more fully described in Schedule-A to the plaint. The plaintiff had constructed a double storied RCC building over the plot of land and also an Assam Type house and Assam Type chali over the schedule-A land which is covered by Municipal Holding No.44(A) of Ward No.XXIII of the Gauhati Municipal Corporation. The defendant No.1 was inducted as a tenant under the plaintiff in the year 1961 in respect of the aforesaid two storied RCC building and the Assam Type house and tin ch