1. Dismissal of his suit by the two Courts below has been challenged by the plaintiff in the present Second Appeal.

2. The present appellant as plaintiff instituted Title Suit No.12/1992 in the Court of learned Munsiff at Rangia stating that the suit land measuring 2 bighas 8 lechas covered by Dag No.1459 of K.P. Patta No.145 of village Tulsibari under Panduri Mouza of Rangia Circle was originally owned along with other lands by one Debi Ram Kalita. He mortgaged the entire land in favour of one Garga Ram Kalita by creating usufructory mortgage on the condition that the land would stand redeemed after the mortgage money is realized by the mortgagee from the usufructs. But even after liquidation of the mortgage money the mortgagee did not hand over vacant possession of the land in favour of Debi Ram Kalita for which he instituted Title Suit No.86/1970 in the Court of learned Munsiff at Guwahati for redemption of the land and for recovery of possession. The suit was decided ex parte in favour of the plaintiff on 03.12.1971. In the meantime, on 26.06.1968 original owner Debi Ram Kalita executed a registered sale deed in favour of the plaintiff with respect to the suit land but