N. Chaudhury, J.

Plaintiff of Title Suit No.30/2005 of the Court of learned Civil Judge (Junior Division) No.1, Hailakandi has preferred this Second Appeal challenging the first appellate judgment and decree dated 16.05.2007. The learned First Appellate Court allowed the appeal and dismissed the suit of the plaintiff by reversing the judgment and decree passed by the learned trial Court.

2. The facts involved in the Second Appeal are required to be stated before entering into the merit of the Second Appeal. The present appellant as plaintiff instituted Title Suit No.30/2005 in the Court of learned Civil Judge (Junior Division) No.1, Hailakandi stating that it is a company having head office at Calcutta and is engaged in the business of production, manufacture and sale of tea at Chandipur Tea Estate within the jurisdiction of the Court. The suit land belonged to it and occurs at the center of the garden. In the month of March, 2005, when the plaintiff company wanted to raise the suit land, which is a low lying land, the defendant and their family members raised objection and threatened the employees of the Tea Estate with dire consequences. Situated thus, the plain