B.P. Katakey, J.

1. This appeal by the Defendant No. 1 in Title Suit No. 92/1968 is directed against the judgment and decree dated 10.06.1993 passed in Title Appeal No. 32/1986 by the learned Assistant District Judge, Tinsukia (now Civil Judge) dismissing the appeal and affirming the judgment dated 30.08.1975 passed by the learned Munsiff No. 1, Dibrugarh in Title Suit No. 92/1968 decreeing the plaintiffs' suit for declaration of right, title and interest in respect of the land described in Schedule-2 to the plaint and for recovery of khas possession by ejecting the Appellant (Defendant No. 1).

2. The predecessors-in-interest of Appellant Nos. 1(a) to 1(k), namely Gopesh Ch. Das and Smti. B&santi Bala Das instituted Title Suit No. 92/1968 in the Court of the learned Sadar Munsiff at Dibrugarh against the present Appellant, Sri Tupidhar Gogoi, Md. Husuf and Aminullah as principal Defendant Nos. 1, 2 and 3 and 5(five) others as proforma Defendants praying for a decree declaring their right, title and interest in respect of a plot of land measuring 2 Kathas, 8 Lechas in Dag No. 594 of Periodic Patta No. 144 of Digboi town, Mouza - Makum together with a house standing thereon and