This is an appeal by the defendants.

The respondent as plaintiff, filed the suit being Title Suit No. 64/68 btfore the learned Assistant District Judge, Cachar for recovery of khas possession of land measuring an area of 3 hal, 9 kedar, 5 josthi, 1 rekh 16 gandas, as described in the schedule to the plaint, after declaration of his occupancy right and by evicting the defendants. In the alternative, the plaintiff-respondent prayed for a decree for Rs. 9000/- against the pro-defendant No. 12 if during trial it was found that the said pro-defendants had no occupancy right to the suit land. The main ground on which the plaintiff-respondent prayed for decree was on the basis of a sale deed ( Exhibit-9 ) executed on 11.4.68 by pro-defendant No. 12 by which the suit land was sold.

2. As the pro-defendant No. 12 contested the suit he shall no longer be considered as pro-defendant and herein after he shall be referred to as defendant No. 12.

3. There is no dispute that originally the suit land formed part of the Zamindari Estate and subsequently acquired by the State under the provisions of Assam State Acquisition of Zamindar Act, 1951. The defendants Nos. 1, 2 and 5 have taken the