JUDGMENT :

BELA M. TRIVEDI, J.

1. The appellants-original plaintiffs have assailed the Judgment and Decree passed by the High Court of Gauhati in Regular Second Appeal No. 74/2006, whereby the High Court had allowed the appeal preferred by the respondents-defendants, holding that the appellants-plaintiffs were not entitled to get the recovery of khas possession of the suit land by evicting the respondents-defendants therefrom.

2. The broad facts leading to the present appeal are that the appellants-plaintiffs had filed the Title Suit No. 5/2002 in the Court of Civil Judge (Junior Division) No. 2, Barpeta seeking declaration with regard to the right, title and interest over the scheduled land and for evicting the respondents-defendants from the suit land in question, as also seeking permanent injunction. The said suit was contested by the respondents-defendants by filing the written statement. From the pleadings of the parties, the Trial Court had framed the following issues:

“1. Whether the suit is barred by limitation?

2. Whether the plaintiff has right, title and interest over the suit land?

3. Whether the plaintiffs allowed the defendants to cultivate one portion of the suit land in “