4. On 22.04.2014, at around 2 PM, the respondents/defendants armed with weapons like spears, daos, etc. entered into the suit land and started destroying the bamboo fencing erected thereon. When the appellant raised objection over such nuisance, the defendants attacked him by uttering filthy languages and threatened him with dire consequences. Subsequently, at the intervention of Police of Bordubi P.S, the defendants were not successful in their attempts and left the suit land. It is also the case of the plaintiff/appellant that the defendants had never been in possession of the suit land prior to trespass and he has been in continuous possession over the said land.

5. After examination of the witnesses of both sides and hearing the learned counsel for the parties, the trial court dismissed the title suit filed by the plaintiff on the ground that – “ the suit land is a government land and the suit land is under Touzi Patta No.43 which makes it evident that the appellant used to pay “bedakhali jorimond” for the same. The case record does not reveal anywhere that there was any settlement in favour of the plaintiff. Moreover, payment of Touzi revenue cannot confer any title to anybody