This second appeal is by the defendants.

2. The plaintiffs filed the suit praying for a decree for declaration of the suit land measuring more or less 3 Bighas on contiguous north of Dag No. 56 of 2nd R.S. Patta No. 15, Mouja Rukni part-I. Ph. David sonabad as accretions to their periodic patta land and as such part and parcel of their land and also for a declaration of their title as periodic settlement holder over the suit land. Plaintiffs have also prayed for confirmation of possession or in the alternative for recovery of khas possession and further for permanent injunction restraining the defendants from entering into the suit land and interfering with their possession. The suit was contested by the defendants. The State of Assam was also made a party and a written statement has been filed.

3. The basis on which the plaintiffs have claimed the suit land is stated in para-1 of the plaint which runs as follows :

"That the plaintiffs are the owners and possessors of land of Dag No. 56 of 2nd R.S. Patta No. 15 of Mouja Rukni Part-I, Pa. Davidsonabad, District Cachar. The river Rukni was originally flowing north of this dag land and it gradually and imperceptivity receded towards furt

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