JUDGMENT :

This is the plaintiff’s appeal under Section 100 of CPC, 1908 against the judgment and decree dated 31.08.2019 passed by the learned Civil Judge, Dhubri in T.A. no. 45/2018. By impugned order the first appellate court has allowed the defendant’s appeal and set aside the judgment and decree dated 20.09.2018 passed by the learned Munsiff, Hatsingimari in T.S. no. 34/2016 by which the suit of the appellant/plaintiff was decreed with cost and mense profit @ Rs. 25 per day from the date of filing of suit till recovery of khas possession by the plaintiff.

2. The case of the plaintiff-appellant is that the plaintiff is the owner of land measuring 19 Bigha 4 K 3 Lechas situated at Assam Kata Village under Khatian no. 151 (T. no. 33). The said land was recorded in the name of the plaintiff-appellant and his mother AjiranNessaBewa in recent settlement operation under Patta no. 138(Old), 192(New). But subsequently the name of the mother was expunged. Hence, the plaintiff is the sole owner of the entire land.

3. Late Abdul Sheikh, the predecessor of the defendant no. 1 & 2, and Late Abdul Gani Sheikh, the predecessor of the defendant nos. 3 to 5, allowed to reside in a part of the land