1. This is plaintiff's appeal arising out of a suit for declaration of tenancy right and recovery of possession of the land described in schedule 'Ka'attached to the plaint.

2. The plaintiff's case as set out in the plaint is that the land belonged to defendants Nos. 10 to 20 covered by Kheraj and Nispi Kheraj pattas of village Baragog, Mouza Madartola. District Kamrup. The land was let out to the grand - father of the plaintiff and afterwards it was inherited by plaintiff's father late Mohiram and uncle Holiram. It should be pointed out that the suit was brought by Sri Gunaram Rajbangshi but subsequent to the decision of the court below, he is also dead and his heirs have been brought on the record Gunaram Rajbangshi alleged that he was enjoying the land as a raiyat. In 1352 BS corresponding to 1945 A D the late plaintiff Gunaram Kajbangshi suffered from gastric ulcer and was admitted in the Medical College hospital at Dibrugarh Defendants Nos. 1 to 9 were then possessing the land from Srimati Basanti Priya Rajbangshi on adhi terms. The publicity was given by defendants Nos. 1 to 9 that late plaintiff Gunaram was dead and the wife of Gunaram Rajbangshi was taken away by her father