1. This second appeal has been filed against the judgment and decree of reversal dated 15-12-2006 passed by the court of Civil Judge, Sonitpur, Tezpur in Title Appeal No. 12-2006 reversing the judgment and decree dated 04-07-2006 passed by the learned Munsiff, Sonitpur, Tezpur in Title Suit No. 46/2002 dismissing the suit filed by the plaintiff.

2. This second appeal has been preferred by the defendants/appellants, which was admitted to formal hearing by framing the following two substantial questions of law:

“(1) Whether, the learned lower appellate court erred in decreeing the suit in absence of the State of Assam, the land being a government land?

(2) Whether, the learned lower appellate court erred in declaring the right, title and interest of the respondent plaintiff in the suit land which is a government land on the basis of an unregistered sale deed dated 21.5.2001, Ext.20.”

3. The case of the plaintiff is that the suit land originally belong to one Ratneswar Talukdar who had sold the same to proforma defendant No. 6 i.e. Ram Mohan Pathak in the year 1963. One Kanak Dutta was occupying the land and house standing thereupon as a tenant under the proforma defendant No. 6