This appeal is directed against the judgment dated 30.05.2012 rendered by learned Civil Judge, Sonitpur, Tezpur in T.A. No. 3 of 2011 dismissing the appeal questioning the judgment and decree dated 15.03.2011 rendered by Munsiff No. 1, Sonitpur, Tezpur, in T.S. No. 5 of 2004 decreeing the suit of the plaintiffs.

2. Heard Mr. J. Deka, learned C.G.C. for the appellant. Also heard Mr. K. Bhatta, learned Senior Ccounsel assisted by Mr. D.C. K. Hazarika for the respondents.

3. The facts necessary for disposal of the present appeal, in brief, are that the respondent No. 2 and 3 herein (who would be referred to as plaintiff Nos. 1 and 2 respectively), filed Title Suit No. 5 of 2004 against the appellant herein (who would be referred to as the defendant) seeking a decree for permanent and perpetual injunction restraining and prohibiting the defendant therein and its officers and employees from raising any construction on the land, more particularly described in the Schedule B and C of the plaint.

4. It is the case of the plaintiff that one Punya Prabha Hazarika (since deceased) was the mother of the plaintiff No. 1 as well as one Dr. Bani Hazarika was the absolute owner of the land