This second appeal is directed against the judgment and decree passed by the Assistant District Judge No.2, Cachar at Silchar in Title Appeal No. 38 of 1976 affirming the judgment and decree passed by the Sadar Munsiff No. l Silchar.

2. The case of the plaintiff was that the suit land originally belonged to Krishna Kishore Rai, who died in the year 197.1 leav­ing behind him his son, Romesh Chandra Roy and wife, Surusi Bala Roy. Romesh Chandra Roy died leaving behind two sons, who are plaintiffs No. 1 and 2 (Pijush Kaoti Roy and Asit Baran Roy and the widow - plaintiff No. 3 (Surusibala Roy). The three plaintiffs thus inherited the properties involved in the suit on the death of Romesh Chandra Roy. The mother of the defendant, Bidya Sundari Roy, was a maid servant working in the plaintiffs' family. The suit land was given to her by a lease deed by the plaintiff - Surusi Bala Roy, executed on 8.1.54. Bidya Sundari Roy did not construct any permanent structure within five years on the suit land. The suit land was part and parcel of the homestead of the plaintiffs. The plaintiffs bonafide required the suit land for expansion of residence. A notice, therefore, was served on the defendant

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