SUMAN SHYAM, J.

1. Heard Mr. S.K. Ghosh, learned counsel for the appellant. I have also heard Mr. D. Mazumder, learned Sr. counsel appearing on behalf of the respondents.

2. This second appeal is directed against the judgment and decree dated 11-05-2007 passed by the court of Civil Judge, Dhubri in Title Appeal No. 06/2004 dismissing the appeal filed by the appellants and affirming the judgment and decree dated 24-12-2003 passed by the court of Civil Judge (Jr. Div.) No. 1, Dhubri in Title Suit No. 27/1998 dismissing the suit of the appellants/plaintiffs. The second appeal was admitted to final hearing by framing the following substantial questions of law:

"Whether the learned Courts below erred in law in dismissing the suit of the appellants/ plaintiffs holding the respondent/ defendant to be a non-evictable occupancy tenant under them?"

3. The plaintiffs case, as projected in the plaint, is that they are the owners of a homestead land measuring 1B-3K-19L covered by Dag No. 361 of Khatian No. 283, of village- Mancachar Part- I under Mancachar Circle, which land has been described in Schedule-A to the plaint. According to the plaintiffs, taking advantage of their absence, th