This first appeal on behalf of the defendants of Title Suit No. 36 of 1998 is directed against the judgment and order dated 26.4.2005 whereby the suit of the plaintiff was decreed for declaration of right, title, interest and recovery of khas possession by evicting the defendants No. 1, 2, 3 and 4. The impugned judgment was passed against the appellants/defendants as they failed to cross-examine the witnesses of the plaintiff and to lead evidence of their own after filing written statement.

2. One Md. Anisul Haque as plaintiff instituted aforesaid Title Suit in the court of learned Civil Judge at Jorhat stating that land measuring 13 and 2/3 lechas covered under Dag No.3789 (3669) of P.P. No.341 of Block No. 1 in Jorhat town originally belonged to one Helina Khatoon, the mother of the plaintiff and the profoma defendants No.5, 6 and 7. According to the plaintiff, the original owner while enjoying the suit land died inteste and thereupon plaintiff and the proforma defendants No. 5, 6 and 7 became the owners of the land jointly. Their names were duly mutated in the records of rights on 21.9.1978 vide Mutation Case 355 /75-76. Defendants No. 1, 2, 3 and 4 did not have any righ