JUDGMENT :

THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY

Heard Mr. S Dutta, learned counsel for the petitioner. Also heard Mr. S K Singh, learned Senior counsel assisted by Mr. B Puchilal, learned counsel for the respondent.

2. This present revision petition under Section 115 of the Code of Civil Procedure, 1908 is filed assailing judgment and decree dated 29.07.2019 passed in TS No. 46/2015 by the learned Civil Judge at Tezpur, Sonitpur.

3. The background facts of the present litigation can be summarized as follows:

I. The respondent herein preferred a title suit under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as Act, 1963) for recovery of possession of the suit land by evicting the petitioner defendant by demolition and removing one Ekshali Tin House.

II. The plaintiff pleaded that the suit land measuring 12 Lechas covered under Dag No. 1458 of Periodic Patta No. 419 has been in the occupation of the plaintiffs as tenant since the date of his predecessor-in-interest constructing houses thereon and the holding No. 2222 is still recorded in the name of the plaintiff’s mother.

III. It is the further case of the plaintiff that a suit was filed by the earlier landlord o