JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. The present appeal has been preferred against a judgment and decree dated 08.07.2013 and 19.07.2013 respectively passed by the learned District Judge, Goalpara in Title Appeal No. 2/2012 partly allowing the appeal by setting aside the judgment and decree dated 17.03.2012 passed by the learned Civil Judge (Senior Division), Goalpara in Title Suit No. 2/2010. The appellants are the defendants in the suit. The suit was instituted by the plaintiff for declaration and recovery of possession. The plaintiff is the daughter of the defendant No. 1.

2. A brief narration of the facts would be necessary to appreciate the issue which has arisen for determination.

3. The plaintiff who claimed to be in possession of 1 Bigha of land (Schedule B) claimed ownership right. In the plaint it has been stated that she was in possession for about last 17 years. However, about a year back, the defendants had illegally and forcefully dispossessed her and her family. It has further been stated that a house under the IAY Scheme was constructed which was also occupied by the defendants. Accordingly, the suit was instituted with the following relief:-

“12. That under the above fa