This defendant's second appeal is directed against the judgment and decree dated 5.3.1983 passed by the learned Assistant District Judge No. 2 Cachar at Silchar whereby the defendant's appeal against the judgment and decree dated 6.8.75 passed by the learned Munsiff No. 2, Silchar was dismissed.

2. Briefly, the plaintiffs respondents had filed suit for declaration of right and title over the land in suit and for recovery of possession on the allegations that the plaintiffs had obtained settlement of the land and had been in its possession, but that later the defendant had tried to fish in a low lying and marshy part of the suit land. The plaintiff had protested and instituted a criminal case against the defendant. The plaintiff's title was clouded, hence the suit was filed. Subsequently it was alleged that the plaintiff had been dispossessed during the pendency of the suit and the plaint was amended for the relief of recovery of possession as well. The defendant resisted the suit and inter alia pleaded that since the date of settlement with the plaintiff, the defendant No. 2 had been in possession having had taken settlement as tenant of the land from the plaintiff and accordingly t

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