(1.) Heard Mr. P. Kalita, learned senior counsel for the appellants and Mr. B.D Deka, learned counsel for the respondents.
(2.) The predecessor-in-interest of the substituted appellants herein instituted Title Suit 63/2000 in the Court of learned Civil Judge Junior Division No.1, Guwahati inter-alia praying as follows:-
(3.) In paragraph-1 of the plaint, a plea had been taken that the plaintiffs are the absolute owner of the land measuring 4B-2K-13L covered by Dag No.1921 of K.P Patta No.439 of village Changsari Mauza Sila Sinduri Ghopa in the district of Kamrup. In paragraph 2 and 4 of the plaint, plea had been taken that an agreement of 20.11.1992 and a further agreement of 01.11.1996 for another 'Tin Chali' room was entered between the plaintiffs and the defendant No.1, by which the defendant was allowed to occupy a part of the land of the plaintiffs against payment of certain rent, but from 01.11.1996 when the rent was not paid, the suit was instituted.