JUDGMENT :

Prasanta Kumar Deka, J.

1. Heard Mr. P. Khataniar, learned counsel for the appellant and Mr. P.S. Deka, learned counsel for the respondent.

2. The appellant during the pendency of this appeal died and on his death his legal heirs were substituted vide order dated 13.2.2017. However the term plaintiff appellant shall connote the sole appellant, Padmadhar Kalita. Title suit No. 95/2000 was filed by the present appellant for declaration and confirmation of right, title and interest over the land and suit house for khas possession evicting the defendant respondent from the suit house standing on the land. The claim over the suit land and house is on the basis of a registered sale deed No. 1272 dated 29.3.1965. On the suit land construction was carried out and the plaintiff appellant used to run a restaurant thereon. Since 1.1.1991 the defendant respondent was allowed to manage the said restaurant with his own capital. In the year 1994 the defendant respondent took an amount of Rs. 20,000/- from a party as security money to let out the house but it was resisted by the plaintiff appellant. Further in the year, 1998 the defendant respondent changed the name of the restaurant and e