JUDGMENT :

1. Heard Ms. R. Choudhury, learned counsel for the appellants. None has entered appearance on behalf of the respondents though from the office note it is seen that the Dasti service was taken for service of notice on the respondents and from the affidavit sworn by the appellants it appears that they refused to accept the notice and as such service was presumed to be completed on the respondents and the matter is taken up for hearing for its final disposal.

2. The present appellants are the defendants in Title Suit No. 5/2000 in the Court of learned Civil Judge (Jr. Divn.) No. 1, Mangaldoi filed by the respondent-plaintiffs. It is the case of the plaintiff-respondents that on 20.1.1959 one Kanchu Sheikh, father of the plaintiff-respondents purchased the suit 1 and by registered deed No. 318 from one Rahman Mandol who was one of the pattadars which is described in Schedule B of the plaint. After the said purchase, Kanchu Sheikh got possession thereon. The father of the plaintiff-respondents and the father of the defendant-appellant Nos. 1 and 2 were brother in law (defend ants). When the father of the plaintiff-respondents suffered from ailment, he allowed Fazar Ali to culti