1. This Second Appeal has been filed against the concurrent judgment and decree dated 25.06.2004 passed by the learned Civil Judge (Senior Division) No.1, Silchar in Title Appeal No.8/2003 dismissing the appeal and affirming the judgment and decree dated 21.12.2002 passed by the learned Civil Judge (Junior Division) No.1, Silchar in Title Suit No.42/2000.

2. The facts of the case, stated in brief, is that the predecessor-in-interest of the plaintiffs, Late Jagat Chandra Deb, was the owner in possession of the suit land. During his life time, Jagat Chandra Deb had executed a tenancy agreement with Anil Chandra Ghosh i.e. the predecessor-in-interest of the defendants on 16.09.1962 under which a tenancy in respect of the suit premises was created on condition of payment of monthly rent of Rs.4/- which would become due within the 7th day of each succeeding month. Subsequently, rent was enhanced to Rs.8-/- per month by executing another agreement on 04.02.1974. During the currency of the tenancy as aforesaid, Jagat Chandra Deb gifted the suit property along with other properties, to his wife Labangabala Deb vide registered deed of gift dated 28.05.1974. Pursuant to the execution of the deed of gift dated 28.05.1974, Labangabala Deb became the owner of the tenanted premises and as such Anil Chandra Ghosh i.e. the predecessor of the defendants had executed a fresh tenancy agreement with Labangabala Deb fixing the monthly rent at Rs.10/-. After the death of Anil Chandra Ghosh, the defendants along with their mother Chaya Rani Ghosh had been occupying the tenanted premises but since the tenants failed to pay rent with effect from Jaistha 1386 B.S., Labangabala Deb i.e. the mother of the plaintiffs, dring her life time, had to institute Title Suit No.194/1980 in the Court of Sadar Munsiff No.1, Silchar for ejectment of the defendants from the tenanted premises on the ground of defaulter and bona fide requirement. By the judgment and order dated 16.04.1983, the trial Court decreed the suit filed by Labangabala Deb. The judgment and decree dated 16.04.1983 was challenged by Chaya Rani Ghosh by filing Title Appeal No.78/1983 in the Court of Assistant District Judge No.1, Silchar whereby the said appeal was allowed by the First Appellate Court by reversing the judgment and decree passed by the trial Court. Being aggrieved, the plaintiffs had preferred Second Appeal No.68/1988 before this Court which was dismissed by the order dated 28.11.1996 passed in Second Appeal No.68/1988 on the ground that the plaintiffs had not served a valid notice before instituting the suit for ejectment of the defendants.

3. It is the case of the plaintiffs that Labangabala Deb had sold the suit property along with her other properties to the plaintiffs vide registered deed of sale dated 26.05.1992 pursuant whereto the plaintiffs have become the registered owners in respect of the properties mentioned in the sale deed dated 26.05.1992 including the suit property. The plaintiffs have averred in the plaint that since the defendants have continued to occupy the tenanted premises without paying any rent to the plaintiffs since the year 1992 and on account of the fact that the defendants were claiming the suit property as their own by denying the title of the plaintiffs, the right, title and interest of the plaintiffs over the suit had become clouded. As such, the plaintiffs had filed Title Suit No.42/2000 in the Court of learned Civil Judge (Junior Division) No.1, Silchar praying for declaring their right, title and interest over the suit land and also for recovery of khas possession by evicting the defendants therefrom.

4. The defendants contested the suit by filing written statement, inter alia, questioning the maintainability of the suit on the ground of want of cause of action; the suit being barred by principles of res judicata; the suit being bad for non-joinder of necessary party etc. While denying the claim of the plaintiffs, the defendants took a sta