Ram Nandan Prasad, J.

1. The defendant is the appellant. Originally his mother was also appellant No. 2 here but after the filing of the appeal she is said to have died and the appellant No. 1 being her sole heir is now prosecuting this appeal.

2. The sole respondent brought the suit for declaration of title and recovery of possession over the suit, property as mentioned in schedule of the plaint. His case was that the defendants who are his neighbours had encroached over portion of his land in 1975 by taking advantage of his absence in Calcutta. The plaintiff based his title on the sale-deed, dated 4th July, 1949 taken from one Amiya Chakravarty and others who were co-sharers of the defendants and it is not disputed that there was a partition between the defendants on one side and Amiya Chakravarty on the other side by means of registered partition-deed dated 29th August, 1947. Thereafter, the plaintiff purchased the entire area winch fell to the share of Amiya Chakravarty and others as per the partition deed. The defendants are on the adjacent west of the plaintiff. The plaintiffs case is that during his absence in Calcutta from 25th to 29th April, 1975 the defendants con