N. Chaudhury, J.

This Second Appeal at the instance of the defendant has been preferred challenging the first appellate judgment and decree of reversal. The learned trial Court dismissed the suit holding that the plaintiff could not establish his right, title and interest over the suit land and on appeal the trial Court judgment has been reversed.

2. The original plaintiff, late Bhadreswar Saikia as plaintiff, instituted Title Suit No.72/1998 in the Court of learned Civil Judge (Junior Division) No.1 at Jorhat on 25.11.1998 stating that suit land measuring 1 Bigha 1 Katha 10 Lechas covered by old Patta No.2 and new Patta No.3 and old Dag No.62 and new Dag No.143 and land measuring 3 Bigha 4 Katha 5 Lechas covered by old Patta No.2 and new Patta No.4 and old Dag No.58 and new Dag No.141 originally belonged to Bibijan Tea Estate and the same was gifted in favour of his father Late Bhadreswar Saikia by the then manager of the Tea Estate on execution of a registered deed of gift. After death Bhadreswar Saikia whole of his immoveable properties devolved on his four sons, namely, Chakraswar Saikia, Trailakya Nath Saikia, Nareswar Saikia and the plaintiff Bhubaneswar Saiki