Prasanta Kumar Deka, J.

Heard Mr. B. Banerjee, learned Senior Counsel assisted by Mr. K. Bhattacharyya, learned counsel for the appellant. Also heard Mr. D. Mozumdar, learned Senior Counsel assisted by Mr. K.K. Parasar, learned counsel for the respondent.

2. Originally Title Suit No. 392/2004 (old), 1049/2006 (new) was filed by one Rumi Hazarika, the wife of the present plaintiff/ appellant who was substituted on the death of the said Rumi Hazarika against the present defendant/ respondent. Late Ratneswar Hazarika, the father of the original plaintiff and the defendant/ respondent occupied the suit land measuring about 2K 10L covered by Dag No. 119, 131 of KP Patta No. 92 of village Sahar Guwahati since 1940 as an occupancy tenant and upon abolition of the tenancy, Ratneswar Hazarika became the owner. Ratneswar Hazarika constructed a residential house over the suit land which was repaired and renovated later on. On the death of Ratneswar Hazarika, the original plaintiff Rumi Hazarika, the defendant/ respondent Babul Hazarika and another sister Smti. Debika Rani Hazarika inherited the suit property. Dispute arose with the defendant/ respondent and as a consequence, the