Hrishikesh Roy, J.—Heard Mr. P.K. Kalita, the learned counsel appearing for the petitioners, who filed the Title Suit No.21/2007 for recovery of possession, of the suit land under Section 6 of the Specific Relief Act, 1963. The respondent (defendant) is unrepresented and on 05.09.2013 this Court ordered for ex-parte proceeding against him.

2. The petitioners are the successors of late Moneswar Singha and late Sarbeswar Singha. The father of the first 3 plaintiffs late Moneswar Singha, was occupying Schedule-A land measuring 1 bigha 1 katha in Dag No.77 of Annual Khiraj Patta No.22(O)/20(N) and the Schedule B land measuring 3 bighas land in Sakuli Tauzi Map No.52(O)/49(N). Similarly the 4th plaintiff’s father late Sarbeswar Singha was occupying 2 bighas of land covered by Sakuli Tauzi Map No.39. The defendant Milan Singha initially worked as a cultivator under the two predecessor’s 3rd brother, Sachindra Singha and he married the younger daughter Akani of Sachindra Singha. After the marriage, his father-in-law provided the defendant with 1 bigha of land under Sakuli Tauzi Map No.52(O)/49(N).

3. While occupying the 1 bigha gifted to him, on 30.06.2007, the defendant encroached