JUDGMENT :

Prasanta Kumar Deka, J.

1. Heard Mr. K.K. Mahanta, the learned Senior Counsel assisted by Mr. B. Deka, the learned counsel for the appellants and Ms. T. Goswami, the learned counsel for the respondents.

2. The present respondents as the plaintiffs filed Title Suit No. 12/1995 in the Court of learned Civil Judge (Senior Division) Lakhimpur at North Lakhimpur against the present defendants/appellants. The suit land measuring 2 Bighas 2 Kathas 3 Lechas covered by Dag No. 8 of periodic patta No. 14 of Nijlaluk Map under Laluk Mouza in the district of Lakhimpur stands in the name of plaintiff/respondent No. 1 who possessed alongwith other plaintiffs/respondents from the days of their forefathers. On 03.07.1990 and 04.07.1990, the defendants/appellants dispossessed the plaintiffs/respondents and ploughed over the suit land. A proceeding under Section 144 Cr.P.C. was initiated and the suit land was attached by the Executive Magistrate, Lakhimpur. Though Title Suit No. 25/1991 was filed in the court of learned Civil Judge, (Junior Division) Lakhimpur at North Lakhimpur but on objection raised by the defendants/appellants on the ground of pecuniary jurisdiction of the court, the pla