Heard Mr. A. Upadhyay, learned counsel for the appellants. None appears for the respondents though the names of the counsel are shown in the cause-list.

2. This appeal is directed against a judgment and decree dated 28.9.2005 passed by the learned Additional District Judge (Ad hoc), Bongaigaon in Title Appeal No. 4/2004 setting aside the judgment and decree dated 21.5.2004 passed by the learned Civil Judge (Senior Division), Bongaigaon in Title Suit No. 34/2000.

3. The plaintiff filed a suit for declaration of right, title and interest and for khas possession by evicting the defendants from the suit land. Initially, when the suit was filed, there were eight defendants. Right, title and interest was sought for in respect of schedule-A land measuring 8 bigha and recovery of possession was sought for in schedule-B land measuring 3 bigha. Subsequently, defendant Nos. 4 to 8 delivered vacant possession to the plaintiff and defendant Nos. 1 to 3 continued to remain in possession in respect of 1½ bigha of land. On the basis of a petition filed by the plaintiff, the prayer of the plaintiff for withdrawal of the suit against the defendant Nos. 4 to 8 was allowed. However, prayer