Heard Mr. G.N. Sahewalla, learned senior counsel, assisted by Ms. S. Todi, learned counsel for the appellants. Also heard Mr. P.J. Saikia, learned senior counsel, assisted by Mr. K.D. Saikia, learned counsel for the respondent.

2. By filing this appeal under section 100 CPC, the appellants-defendants have assailed the first appellant judgment and decree dated 05.09.2009, passed by the learned Civil Judge, Dibrugarh in Title Appeal No. 19/2008, thereby dismissing the appeal and affirming the judgment and decree passed dated 15.09.2008, passed by the learned Munsiff No. 2, Dibrugarh in Title Suit No. 23/2006 (previously registered as Title Suit No. 80/1999), by which the suit was decreed.

3. The appellants are the defendant nos. 1 to 3 in the suit filed by the respondent- plaintiff.

4. The appeal was admitted on the following substantial questions of law by order dated 23.12.2009:-

1. Whether the learned Courts below are justified in not considering the report of Lat Mandal vide Ext.8 alongwith the lease deeds Exts.1 and 2 relating to the size of land in possession of the plaintiff is different to the land leased out to him by Dibrugarh Municipal Board, more so when the Dibrugarh Munic