1. Heard Mr. K. P. Sarma, learned Senior counsel for the appellants in both the appeals. Also heard Mr. A. B. Choudhury, learned counsel for the respondent Nos. 1 and 2 in RSA 193/2004, and for respondent No. 1 in RSA 194/2004.

2. The respondent No. 1 in RSA 194/2004 had filed a suit, being Title Suit No. 10/94, in the Court of Civil Judge, Junior Division No. 1, at Goalpara, against the appellants in RSA 194/2004 for declaration of right, title and interest in respect of Schedule-A and Schedule-B land; for a decree of mesne profit @ Rs. 1,000/- per month with effect from 01.03.94 with interest @ 15% per annum; injunction, etc. Schedule-B land, measuring 1 Katha, is within Schedule-A land and Schedule-A land measures 1 Katha 12 Lecha. Recovery of possession was sought for in respect of Schedule-B land by evicting the defendants. The details in respect of the claim, as set out in the plaint will be adverted to subsequently. The suit was dismissed by the learned trial court by a judgment and decree dated 23.12.02. An appeal, being Title Appeal No. 4/2004, was preferr