” Heard Mr. G. N. Sahewalla, learned Senior Counsel, assisted by Ms. B. Sarma, learned counsel appearing for the petitioners and Mr. B. K. Bhatacharjee, learned counsel for the respondents.

2. This is a civil revision filed by the defendant under Section 115 of Civil Procedure Code against the judgment and decree dated 3.1.2007 passed by Munsiff No.1, Dhemaji in Title Suit No.4 of 2005.

3. By impugned judgment /decree, the trial court decreed the suit filed by the plaintiff under Section 6 of the Specific Relief Act against the defendant and passed the decree for possession of the suit land.

4. So the short question, which arises for consideration in this revision petition is, whether trial court was justified in decreeing plaintiff” s suit for possession against the defendant in relation to the suit land?

5. Having heard the learned counsel for the parties and on perusal of the record of the case, I am inclined to allow the revision and while setting aside of the impugned judgment/decree remand the case to the trial court for deciding the suit afresh on merits.

6. Since I have formed an opinion to remand the case to the trial court for its fresh decision, and hence, it is not ne