JUDGMENT

Date : 08-02-2018 Heard Mr. B Chakraborty, learned counsel for the appellant. None appears for the respondent.

[2] This second appeal is by the defendant against the judgment and decree dated 10.12.2009 passed by learned Addl. District Judge in Title Appeal No.33/2007 affirming and upholding the judgment and decree passed by the learned Munsiff, Biswanath Chariali in Title Suit No.12/2002.

[3] The plaintiff’s case in brief was that the plaintiff purchased the suit land by registered sale deed and he was the absolute owner in possession of the suit land. The plaintiff allowed the defendant to stay over the suit land considering his poor financial condition and ultimately, when the plaintiff asked the defendant to vacate the suit land, the defendant refused to vacate the suit land and therefore, the plaintiff filed the suit for declaration of right , title and interest and recovery of possession.

[4] The pleaded case of the defendant was that the defendant was in possession of the land for a long time and the plaintiff also entered into agreement for transferring the suit land to the defendant and therefore, specific plea of the defendant was that his possession was protected u