JUDGMENT :

Mir Alfaz Ali, J.

1. This regular second appeal is by the defendant against the judgment and decree passed by learned Civil Judge, Barpeta in Title Appeal No. 1/2005 arising out of T.S. No. 92/1999.

2. The respondent, as plaintiff filed T.S. No. 92/2009 for declaration of right, title, and interest and recovery of possession of the suit land. The case of the plaintiff was that he purchased the suit land measuring 1 Bigha 2 Kathas 5 Lechas covered by Dag No. 91 and Patta No. 158 from the owner Pran Krishna Das by registered sale deed No. 795/516 dated 26.03.1987 and took possession thereof. The name of the plaintiff was also mutated in respect of the suit land. The defendant dispossessed the plaintiff from the suit land on 15.12.1998 and therefore, the plaintiff filed the suit for the relief as indicated above.

3. The defendant contested the suit by filing written statement and also raised a counter claim. The pleaded case of the defendant was that the suit land was originally covered by annual patta in the name of Pran Krishna Das, who sold the suit land along with his other lands to the defendant in the year 1967 by registered deed No. 8278/67 dated 14.12.1967 and since the