Second Appeal No. 134 of 1991 has been filed by the defendants and the Second Appeal No.23 of 1992 has been filed by the plaintiffs. Both these appeals have been filed against the common judgment in Title Appeal No.1 of 1989 reversing the judgment and decree dated 28.12.88 by the Assistant District Judge, Golaghat in Title Suit No.32 of 1986.

2. The land in suit was originally the annual patta land and it was converted to periodic patta in the name of the plaintiffs in the year 1984. Before the land was converted to periodic patta? the land was sold by the father of the plaintiffs in favour of the defendant and the defendant constructed houses on a portion of the land and he is in occupation of the houses on the land. The area of the land is 3 bighas 15 lechas. The trial Court found that the defendant has acquired right to the land by adverse possession. That finding of the trial Court was accepted by the learned appellate Court. But the appellate Court partly allowed the appeal confirming the title only of the plaintiffs. This is really a chaotic situation. Once it is held that the defendant has acquired right, title and interest to the land by adverse possession, the title of the

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