1. This Second Appeal has been preferred against the concurrent judgment and decree dated 29.06.2012 passed by the learned Additional District Judge, Cachar, Silchar dismissing the Title Appeal No.10/2006 thereby affirming the judgment and decree dated 08.03.2006 passed by the learned Civil Judge (Senior Division) No.1, Cachar, Silchar in Title Suit No.84 of 2002.

2. The plaintiffs’ case, stated in brief, may be noticed as follows. The suit schedule land and property belongs to Haji Abdul Rahman Barlaskar Wakf Estate represented by its Mutawalli Ataur Rahman Barlaskar (proforma defendant No.2). One Sri Lakshmi Kanta Singh Choudhury took settlement of the land measuring 1B 3K 9Ch 12G appertaining to dag No.533 of R.S. Patta No.41 surveyed in 2nd R.S. Patta No.84 of Dag No.1233 of Mouza Silchar Town, Malugram, Ph- Barakpar, district Cachar on behalf of himself and his three brothers from the proforma defendant No.2 vide registered lease deed dated 22.06.1977 for period of 21 years. As such Lakshmi Kanta Singh Choudhury and his brothers, pursuant to the said settlement, were possessing the land as non-evictable tenants by constructing permanent dwelling houses over a portio