Arup Kumar Goswami, J.

This Second Appeal is preferred by the plaintiff against the judgment dated 15.06.2004 and decree dated 17.06.2004 passed by the learned District Judge, Tinsukia, in Title Appeal No. 7 of 2004 allowing the appeal of the defendants and settling aside the judgment dated 10.06.2003 and decree dated 18.06.2003 passed by the learned Civil Judge (Junior Division) No. 1, Tinsukia, Assam, in Title Suit No. 43 of 1998.

2. By an order dated 14.10.2004, the appeal was admitted to be heard on the following substantial questions of law:

"1. Whether in view of clear admission by the defendants with regard to landlord-tenant relationship between the plaintiff and the defendants, the defendants were estopped by virtue of the provisions of Section 115 and 116 of the Indian Evidence Act, 1872 to deny the right, title and interest of the plaintiff over the suit land as well as the landlord-tenant relationship?

2. Whether the lower Appellate Court committed substantial error of law in not drawing adverse presumption under Section 114(g) of the Indian Evidence Act, 1872 against the defendants for not examining key witness to show that Ext. 4 was not written by the defendant