This is defendant's appeal against the judgment and decree dated 4.9.80 passed by the learned Assistant District Judge No.2, Cachar at Silchar whereby the plaintiff's appeal against the judgment and decree dated 11.3.1977 passed by the learned trial Court was allowed and the plaintiff's suit was decreed.

2. The plaintiff respondent had filed suit for declaration of tenancy rights, 'confirmation' of possession and injunction in respect of the land in suit, on the allegations, that the plaintiff's father had taken settlement of the land in suit from one Husan Banu who was its owner and had been in its possession. After the death of the plaintiff's father the plaintiff continued in possession and katcha khatian had been issued in his favour. There was objection by the defendant's landlords (the present appellant) and the matter was pending. In order to deprive the plaintiff of his rights, the defendant Nos. 2 - 5 had executed wakf deed of the suit land in favour of' Meherpur' and 'Kanakpur' mosques and the defendant Nos. l and 4 were respectively made its Mutwalli and on pressure the defendant No. l had issued two receipts for rent for 1377 and 1378 B.S. In the year 1971 the plaintiff

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