KALYAN RAI SURANA, J.

1. Heard Mr. G.N. Sahewala, learned Senior Counsel assisted by Ms. S. Katakey, learned counsel for the appellants. Also heard Mr. S. C. Keyal, learned Assistant Solicitor General of India appearing for the respondent.

2. By RFA No.70/2014 filed under section 96 CPC, the appellants have challenged the judgment and decree dated 21.06.2014 passed by the learned Civil Judge, Jorhat in M.S. 35/2011, by which the suit filed by the respondents was decreed. By RFA No.69/2014, filed under section 96 CPC, the appellants have challenged the same judgment and decree in so far it relates to the dismissal of the counter-claim filed by the appellants-defendants.

3. The case of the respondents in the plaint is that a part of the land of M/s. Lohpohia Tea Estate was acquired by the Government of India, Ministry of Defence and since its acquisition, the said land became part and parcel of the Defence land, which was under the control and ownership of the Indian Air Force and the adjoining area was used as a Defence Air Force Station. During the period from 1996 to Ma