5. The background facts, leading to filing of the present appeal, are briefly
stated as under:-
“The predecessor-in-interest of the respondents as plaintiff had
instituted a Title Suit No.2/89, which was re-numbered as Title
Suit No.249/06, before the learned Munsiff No.2, Kamrup (M) at
Guwahati inter-alia praying for declaration of his title, recovery of
possession and permanent injunction in respect to the suit land
against the predecessor-in-interest of the defendants, with some
false and baseless allegations against the predecessor-in-interest
of the defendants.
The pleaded case of the plaintiff is that on 22-04-74,
Sadeswar Das had mortgage about 10 lechas of land (i.e. the suit
land) along with a house with four rooms, to the plaintiff for 3
years at a consideration of Rs. 2500/- vide a regd. mortgaged
deed dated. 22-04-74 (i.e.Exhibit-1), and delivered possession of
the same. Thereafter, Sadeswar Das fell ill and in urgent need of
money, he had sold the same to the plaintiff for a consideration of
Rs.70,000/- and executed a sale deed in favour of the plaintiff, on
05-11-74. The sale deed was presented for registration in the
office of the Sub-Registrar, Guwahati. But, as the area of 10
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lechas land was small, the Sub-Registrar declined to registrar the
same and kept the same pending vide Receipt No.10518, dated
05-11-74 (i.e. Exhibit-2). The plaintiff had pleaded that he was
delivered possession of the said 10 lechas of land (i.e. the suit
land) along with the house of four rooms.
