RSA 191/2000 BEFORE HON’BLE MR.JUSTICE B D AGARWAL Heard Mrs.T.Goswami, learned counsel for the appellants and Mr. G N Sahe walla, learned senior counsel assisted by Md. Aslam, learned counsel appearing for the respondents. The suit relates to allotment of a shop by the town committee of Chabua. The appellants’ case is that their predecessor-in-interest late Baktiar Khan @ B.Khan had taken the shop from one Rajendra Singh and subsequently it wa s allotted in their name by the town committee. On the other hand, respondents’ case is that shop was allotted i n the name of respondent No.2, B.Khan. The trial court decreed the suit in favour of the plaintiff but the decree was overruled by the first appellate curt. Hence, this Second Appeal. During the course of hearing Md. Aslam, learned counsel has subm itted that the disputed shop has already been vacated by the respondents and the same is in possession of the appellants. Besides this, the evidence also shows that the shop was actually allotted by the town committee to the appellants’ pre decessor in interest, Bakhtiar Khan. In view of the above statement of the learned counsel, the impu gned judgment of the appellate court is set aside and that judgment of the trial court is restored. In the result, appeal stands allowed without costs. Return the L CRs.