JUDGMENT :

Sanjay Kumar Medhi, J.

The instant appeal is preferred against the judgment and decree dated 10.06.2008, passed by the learned Civil Judge (Senior Division), Lakhimpur in Title Appeal No. 2/2008, affirming the judgment and decree dated 22.11.2007 passed by the learned Munsiff No. 1, Lakhimpur in Title Suit No. 36/2006.

2. The facts of the case in a nutshell may be stated as follows.

a. The appellant is the plaintiff in the suit. The suit was instituted for specific performance with regard to two Deeds of Mortgage, executed by the defendants in favour of the plaintiff. It is the case of the plaintiff that certain amount of loan was taken from the father of the present appellant by the defendant No. 1, leading to creation of mortgage in respect of certain plots of land. Subsequently, in the year 1991, the defendant No. 2 had purchased the said plot of land from the defendant No. 1, thereafter, the present suit was instituted.

b. The learned Trial Court vide the judgment and order dated 22.11.2007, had dismissed the suit on contest. Against the issue No. 3, the learned Trial Court had come to a finding that the Deeds of Mortgage (Exhibits No. 1 & 2), apart from being vague were