1. The instant second appeal has been preferred by the plaintiff as appellant assailing the concurrent judgment and decree dated 14-12-2005 passed by the learned Civil Judge (Sr. Div.), Nagaon in Title Appeal No. 34 of 2004 affirming the judgment and decree dated 23-06-2004 passed by the learned Civil Judge (Jr. Div.) No. 1, Nagaon in Title Suit No. 09 of 2001 dismissing the suit filed by the plaintiff.

2. The brief facts of the case, as projected in the plaint, is that the plaintiff is a contractor registered under the department of PWD (Building), Assam. He was awarded the contractual work for constructing the office building of the Superintendent of Taxes and the Doctors quarters at Mahadeosal, Nagaon vide work order dated 11-08-2008 pursuant whereto, a contract agreement dated 11-08-1988 was also signed by and between the parties paving the way for execution of the work. The plaintiff had duly commenced the work and the construction of the doctors quarter had also been completed. However, due to non-cooperation of the defendant No. 2, the construction work of the office of the Superintendent of Taxes remained incomplete. Thereafter, the defendant No. 3 had issued a requi