Anima Hazarika, J.

1. The appellants herein who as plaintiffs brought a suit in the Court of the learned District Judge, Dibrugarh being T.S. No. 58/1991 titled as Md. Badaruddin Ahmed Vs. Md. Sirajul Haque, have questioned the legality and validity of the judgment and decree dated 26.04.2001 passed by the learned Civil Judge (Senior Division) Dibrugarh in T.A. No. 1/1999 whereby and whereunder the learned Civil Judge (Senior Division), Dibrugarh, allowed the appeal preferred by the defendant in the suit by setting aside the judgment and decree dated 11.01.1999 passed by the learned Civil Judge, No. 1 (Junior Division), Dibrugarh in Title Suit No. 2/1995. Heard Mr. P.J. Saikia, learned counsel appearing for the appellants. Also heard Mr. N.C. Das, learned Senior counsel assisted by Ms. M. Devi, Advocate for the respondent.

2. The factual matrix of the case as pleaded is narrowed down as follows:

The grandfather of the plaintiffs and uncle of the defendant Late Habib Khan died in the year 1974 leaving behind Mustt. Asgari Begum, widow of his son Samiullah Khan, who predeceased Habib Khan, leaving behind the plaintiffs, their mother and two daughters. The said Habib Khan allowed the defendant's father Rahmatulla Khan to stay in a house measuring 10 feet X 10 feet situated over the land described in Schedule 'B' of the plaint considering their poor financial condition free of rent. However, on the death of Habib Khan, the widow of Samiullah Khan and the plaintiffs allowed the father of the defendant to stay in the house till he can make his own arrangement elsewhere and the said Rahmatulla Khan died during the lifetime of Habib Khan and the present defendant/respondent continued to stay in the suit land. But after the death of Samiullah Khan, the properties left behind was duly mutated in the name of Asgari Begum on the basis of an oral gift. On repeated requests made by the plaintiffs to vacate the suit land, the defendant refused to vacate the same and rather he began to collect rent from three rooms belonging to the plaintiffs standing on the land described in Schedule 'A' and tried to grab vacant portion of the land measuring 50 feet X 30 feet in front of defendant's said occupied house, whereof the plaintiffs purchased the suit land and properties standing thereon from their mother by a registered sale deed on 26.07.1987 for an amount of Rs. 20,000/-. On 05.08.1987, the defendants started disturbing the possession of the plaintiffs, wherefor the cause of action arose for the suit seeking the following reliefs :

(i) For declaration of plaintiffs' right, title and interest over the premises described in the Schedule A & B of the plaint.

(ii) For an injunction restraining the defendant, his agents, servants and employees from making any construction over the land described in the Schedule 'A' of the plaint.

(iii) For further injunction restraining the defendant, his agents, servants and employees from collecting rents from the tenants of the three rooms standing over the land described in the Schedule 'A' of the plaint.

(iv) For eviction of the defendant and his dependents if any from the house described in the Schedule 'B' of the plaint by removing all his belongings therefrom.

(v) For all counts of the suit and

(vi) For any further or other relief to which the plaintiffs are found entitled to in law and equity.

3. The defendant on receipt of the summons has entered appearance and contested the suit by filing the written statement taking all the grounds available under Order VIII of the Code of Civil Procedure [hereinafter referred to as the 'Code', for short] and the real facts of the case is pleaded as follows:-

The suit property belongs to the great grandfather of the plaintiffs and grand father of the defendant Babar Ali Khan who purchased the disputed land on 23.04.1930 by a registered sale deed from one Gonda Mali and thereby claimed the property in dispute as ancestral wherein the construction of dwelling houses were made