JUDGMENT

Date : 07-05-2018 This second appeal filed by the plaintiff was admitted to be heard on the following substantial questions of law:

“(1) Whether the delivery of possession of the property is a condition for the sale within the meaning of Section 54 of the Transfer of Property Act, when such sale has been affected by a registered deed of sale (Exhibit-2)?

(2) Whether the sale deed, Exhibit-2 being a registered document, the presumption can be drawn about the due execution of such sale deed as well as the contents of the same?

2. The plaintiff filed the Title Suit No.109/2005 for ejectment of the defendants. The case of the plaintiff was that he purchased 1 katha 3 lechas of land covered by PP No.231 (New) 108 (Old) and Dag no.522 (Part) situated at Gabharupathar, Dibrugarh with an old pucca house consisting of 7 rooms by registered sale deed No.2522/1999 from the defendant No.1 and took possession thereof. Later on, the defendant No.1 was inducted as tenant in the suit premises at a monthly rent of Rs.1500/- with effect from 10.07.2002 and subsequently the tenancy agreement was renewed from time to time. When the plaintiff applied for mutation of the holding in respect of the