JUDGMENT AND ORDER :

Prasanta Kumar Deka, J.

1. Heard Mr. M.H. Rajborbhuiyan, the learned counsel appearing on behalf of the appellants. Also heard Mr. S.P. Choudhury, learned Government advocate appearing on behalf of the respondents.

2. The plaintiffs/appellants preferred Title Suit No.19/1994 in the Court of Civil Judge (Junior Division) No.1 Hailakandi against the respondent state for declaration of their right, title and interest over the suit land covered under encroachment Case No.1/1992-93 and permanent injunction restraining the respondent/state from evicting the plaintiffs/appellants. It is the case of the plaintiffs/appellants that they were the owners of 32Bs of land covered by 2nd RS patta No.2 Dag No.2, 4, 5 of Boijayantipur Mouza Part-1, Hailakandi which was washed away by the river Katakhal the said land reappeared. The predecessors of the plaintiffs/appellants had been possessing the suit land continuously by constructing dwelling house etc. and acquired right, title and interest over the suit land. The plaintiffs/appellants prayed for settlement of the suit land in their respective names but the defendants/respondents instead of granting settlement, carved out new 2n

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