B.P. Katakey, J.

1. This appeal by the Plaintiff is directed against the judgment and decree dated 14.09.1998 passed by the learned Civil Judge (Senior Division), Dibrugarh, in Title Appeal No. 16/1996, setting aside the judgment and decree dated 31.05.1996 passed by the learned Munsiff No. 1, Dibrugarh, in Title Suit No. 2/1979, whereby and whereunder the suit of the Plaintiff/Appellant was decreed.

2. The Appellant as Plaintiff instituted the Title Suit No. 2/1979 in the Court of the learned Munsif No. 1, Dibrugarh, against the predecessor-in-interest of the present Respondent Nos. 1, 1(a) to 1 (e); Respondent Nos. 2, 3, 4; the predecessor-in-interest of the Respondent Nos. 5, 5(a), 5(b) and Respondent Nos. 6 to 8, praying for a decree for recovery of khas possession by evicting the Respondent/Defendant Nos. 1 to 5 from the land measuring 1 katha 18 lechas, described in the schedule to the plaint, covered by Dag No. 3988 (old)/142 (new) of periodic patta No. 267 (old)/91 (new), situated at Khalihamari Ward of Dibrugarh Town and included the Municipal Holding No. 902 of Khalihamari Ward of Dibrugarh Municipality; for arrear rent and compensation and also for cost, contending