JUDGMENT

Date : 19-07-2018 This second appeal is by the plaintiff, against the judgment and decree dated 21.12.2006 passed by the learned Civil Judge, Tinsukia in Title Appeal No. 1/2003, whereby, the learned appellate court allowing the appeal of the defendant dismissed the suit of the plaintiff.

2. The plaintiff filed Title Suit No. 17/1997 for ejectment of the defendant and mandatory injunction against the defendant to dismantle the construction made over the suit land.

3. The case of the plaintiff in brief was that the plaintiff purchased the land measuring 2 katha 5 lecha covered by Dag No. 343 (Old) 1195 (New) and periodic patta No. 62 (Old) 22 (New) along with a barrack type kacha house consisting of 16 rooms and an RCC roofed house, consisting of 4 rooms from the proforma defendant, Noor Jainab by a registered sale deed in the year 1983 and took possession thereof. The defendants No. 1 & 2 were the tenants under the proforma defendant since 1969 in respect of two rooms in the kacha barrack type house. After few months of occupancy of the tenanted premises, the defendants No. 1 & 2 failed to pay rent and upon demand by the proforma defendant, the defendants No. 1 & 2 agreed to