JUDGMENT :

Heard Mr. P. Upadhyay, learned counsel appearing for the appellants as well as Mr. D.C.C. Phukan, learned counsel representing the respondents.

2. This is a Regular Second Appeal under Section 100 of the Civil Procedure Code (CPC) where the judgment dated 20.12.2008 and the decree dated 23.12.2008 passed by the court of learned Civil Judge No.1, Cachar, Silchar in Title Appeal No.10/2007 affirming the judgment and decree dated 20.11.2006 passed by the Munsiff No.1, Cachar, Silchar in Title Suit No.79/2006, is under challenge.

3. Late Bhimraj Patoa was the exclusive owner of 4 Kathas 13 Chataks of land covered by Dag Nos.2034 and 2035 of 2nd R.S. Patta No.146 of Mouza Silchar Town (Itakhola) Pargana. Bhimraj Patoa had his residential house over that land and lived there till his death.

4. In the month of November, 1971, Bhimraj Patoa expired leaving behind his wife Sumitra Patoa and their children. They continued to occupy the aforementioned property.

5. In the meantime, another legal heir named Ranju Patoa also died in the year 1991.

6. Now, Smti Shimla Patoa appeared in the scenario. She is a relative of Sumitra Patoa. Shimla Patoa and her children did not have any place to s