C.R. Sarma, J.

1. Heard Mr. A. Choudhury, learned counsel, appearing for the appellants/defendants. None represented the respondent/plaintiff. This appeal is directed against the judgment and decree, dated 04.06.2002, passed by the learned Civil Judge (Senior Division), Nagaon, in Title Appeal No. 04/2001, whereby the learned Civil Judge (Senior Division), Nagaon set aside the judgment and decree, dated 19.12.2000, passed by the Civil Judge (Junior Division) No. 1, Nagaon in Title Suit No. 137/1997.

2. The respondent, as plaintiff, claiming to be owner of a plot of land, measuring 1 (one) Bigha 2 (two) Khatas, as mentioned in the schedule "A" to the plaint, instituted T.S. No. 137/1997 before the Civil Judge (Junior Division), Nagaon, seeking declaration of right, title and interest, in respect of the "A" schedule land, khas possession in respect of "B" Schedule land and confirmation of possession in respect of Schedule "C" land. Schedule "A" land includes the land described in Schedules "B" and "C".

3. The plaintiff's case, in brief, may be stated as follows:-

A plot of land measuring 1 (one) Bigha and 2 (two) Khatas, as described in Schedule "A" is his ancestral property and