1. Plaintiffs of Title Suit No.113/1984 of the Court of learned Civil Judge (Junior Division) No.1, Sonitpur at Tezpur being aggrieved by the first appellate judgment and decree dated 30.06.2004 in Title Appeal No.15/1998 of the Court of learned Civil Judge (Senior Division), Sonitpur at Tezpur has preferred this Second Appeal. The learned Civil Judge (Junior Division), Tezpur had decreed the suit of the plaintiffs on 30.05.1998 declaring their right, title and interest over the suit land also for recovery of khas possession by evicting the defendants from the suit land measuring about 10 lechas covered by Dag No.2478 of NK Patta No.4 of Tezpur Town under Mahabhairab Mouza. The learned First Appellate Court reversed the decree of the learned trial Court and dismissed the suit holding that the suit is bad for non-joinder of necessary parties. Aggrieved, the present Second Appeal has been preferred by the plaintiffs.

2. The legal heirs of Late Birendra Chandra Ghatak as plaintiffs instituted Title Suit No.113/1984 in the Court of learned Sadar Munsiff at Tezpur stating that suit land measuring 1 Katha 15 Lechas were originally owned by Haleswar Debalaya of Tezpur under N.K. Pat