This second appeal is directed against the concurrent findings of the learned courts below whereby suit of the appellant/plaintiff was dismissed by the learned trial court and the same was upheld by the learned first appellate court.

2. Present appellant, as plaintiff, instituted Title Suit No. 34/2000 in the court of learned Civil Judge (Jr. Divn.) No. 1, Nalbari stating that his paternal uncle late Ratneswar Das owned and possessed 2 Kathas of land under Dag No. 604 of KP Patta No. 21 of village Kaljar under Paschim Baska Mouza in the district of Nalbari. Ratneswar had purchased this land from one Atal Ali by registered sale deed dated 22.10.1971 at a consideration of Rs. 8,000/-. Ratneswar did not have any issue, however, he had two wives. His first wife Prabha Das died after death of Ratneswar and during her life time she gifted her share of 13½ lechas of land in the aforesaid dag and patta in favour of the plaintiff by Chitha mutation. The second wife Malati Das was surviving but she filed an objection before the revenue authority challenging the mutation obtained by the plaintiff on the basis of the gift. The revenue authority allowed the application and set aside th