JUDGMENT :

1. Heard Mr. A. Choudhury, learned counsel for the appellants. Also heard Ms. R. Choudhury, learned counsel for the respondents.

2. The present second appeal, under Section 100 of the Code of Civil Procedure, is preferred against the judgment and decree dated 29.09.2015 and dated 30.10.2015, respectively, passed by the learned Civil Judge, Hailakandi, in Title Appeal No. 32/2014, reversing the judgment and decree dated 14.07.2014, passed by the learned Munsiff No. 1, Hailakandi, in Title Suit No. 139/2006.

3. The brief facts of the case is that the respondents/plaintiffs claimed that they are the non-evictable tenants of the appellants/defendants since the days of their predecessor. Their predecessors, namely, Yakub Ali, Munim Ali & Amir Ali, were the non-evictable tenants under the appellants/defendants since the time of their father-Late Fason Mia and the same devolved upon them through inheritance. The tenancy right over the suit land was declared by the Court of learned Munsiff No. 1 in Title Suit No. 44/1988 and it was confirmed by the Appellate Court in Title Appeal No. 18/1992 and also in the Second Appeal No. 46/1996. The respondents/plaintiffs also averred that