This appeal by the plaintiffs is directed against the judgment and decree dated 26.3.2003 passed by the learned Civil Judge (Sr. Division), Nagaon, in Title Appeal No.40/2001, dismissing the appeal of the plaintiffs by affirming the judgment and decree dated 28.9.2001 passed by the learned Civil Judge (Jr. Division), Hojai at Sankardev Nagar, in Title Suit No.32/1992, whereby and whereunder the suit filed by the present appellants as plaintiffs has been dismissed.

2. The predecessor-in-interest of the present appellants, namely, Benu Mohan Deb, instituted the suit praying for declaration of his right, title and interest and confirmation of possession and permanent injunction, over a plot of land measuring 1 katha, described in schedule to the plaint, contending, inter alia, that he had purchased the said land from Brojendra Ch. Dey, predecessor-in-interest of the defendants, by a registered deed of sale dated 6.3.1963 (Ext.1) and since then he has been possessing the land by constructing house and residing there by paying taxes and revenues. It has also been pleaded that the defendants initially on 20.12.1991 and thereafter on 28.2.1992 trespassed into the land and the house of the

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