H.N. Sarma, J.

1. Having been suffered with a decree passed by the learned trial court in T.S. No. 1/96 and having lost in the first appellate court in T.A. No. 2/98, the defendants/appellants has filed this Second Appeal.

2. I have heard Mr H. Deka, learned Senior counsel for the appellants/defendants and Mr. A. M. Buzarbarua, learned Counsel for the plaintiffs/respondents.

3. The plaintiffs/respondents instituted the T.S. No. 1/96 in the Court of the learned Civil Judge (Jr. Division) No. 1, Mangaldoi against the appellants/defendants praying for a decree for declaration of the plaintiffs title and possession over the land under Schedule Ka (2) and Kha (2) land, recovery of khas possession of the Schedule Ka (2) and Kha (2) land by evicting the defendants therefrom and for permanent injunction with other reliefs.

4. In order to get the aforesaid decree the plaintiffs in their plaint, inter alia, pleaded that they are the owners in possession in respect of the schedule land and on 28.8.1990 and 15.9.1990 the defendants dispossessed them from the suit land and having failed to recover possession thereof they have taken recourse to law by filing the suit.

5. The defendants contes