JUDGMENT :

Kalyan Rai Surana, J.

Heard Mr. A.C. Sarma, learned senior counsel, assisted by Mr. B. Deori, learned counsel for the appellants. None appears on call for the respondents.

2. This appeal under Section 100 C.P.C. is directed against the judgment and decree dated 25.11.2003, passed by the learned Civil Judge (Senior Division) No.3, Kamrup, Guwahati in T.A. No. 60/2002, thereby affirming the judgment and decree dated 16.09.2002, passed by the learned Civil Judge (Junior Division), Rangia in T.S. No.3/1996.

3. This appeal is by the plaintiff. In course of the proceeding, the sole appellant had died and he was substituted by his legal representatives. The respondent No.1 was arrayed as defendant No.1 in the suit.

4. The truncated case projected in the plaint is that Late Purna Saikh and Late Gomla Saikh were two brothers, who were the owners of 4B-2K-13L, land described in Schedule-A of the plaint. The respondent No.1 in the suit is the son of Late Purna Saikh and the appellant No.1 is the son of Late Gomla Saikh. At the time of filing the suit, he projected himself to be 60 years old and that his father is stated to have died about 55 years ago and accordingly, the appellant was