JUDGMENT :

Kalyan Rai Surana, J.

1. Heard Mr. S.P. Roy, learned counsel for the appellant. Also heard Mr. S.K. Ghosh, the learned counsel for the respondents No. 1, 2 and 3 and Mr. G. Bordoloi, learned Govt. advocate appearing for respondents No. 4 to 6. No representation by the proforma respondents No. 7 and 8.

2. By this appeal under Section 100 CPC, the appellants have assailed the first appellate judgment and decree dated 30.08.2005 passed by the learned Civil Judge (Senior Division) No. 1, Kamrup, Guwahati, thereby dismissing the appeal and affirming the judgment and decree dated 11.02.2004 passed by the learned Civil Judge (Jr. Division) No. 2 Kamrup (M), Guwahati in TS No. 294/1998, thereby dismissing the suit of the appellants and dismissing the counter-claim filed by the respondents.

3. The case of the appellants-plaintiffs they are the absolute owners of the land measuring 2B-3K-11L, covered by Dag No. 854, 855, 901 of K.P. Patta No. 597 of North Guwahati Town, Mouza- Silasindurighopa, district- Kamrup. The said land is described in the schedule of the plaint. It was projected that the respondent No. 1 is the wife of Late Karuna Kanta Baruah and the respondents No. 2 and 3 ar