1. The defendants have filed this First Appeal against the Judgment and Decreed dated 05.09.1986 passed by the learned Subordinate Judge, Jehabanad in title suit No.28 of 1983 whereby the learned trial Court decreed the plaintiff respondent’s suit for declaration of right title and possession over 3.5 decimal of land of plot No.80/889, 80/766 and 766/891.

2. The plaintiff respondent filed the aforesaid title suit No.28 of 1983 for declaration of his right, title and possession over the suit land alleging that the suit originally belonged to Bodhi Kahar, and Sudhan Kahar and they had a common residential house. Their possession was recorded in the cadastral survey record of right. There was private partition between the two brothers after cadastral survey operation and then there was collectorate partition of the Tauji. In the said partition, the survey plot No.80 and 80/766 was remeasured and there were several sub plots. Out of that plot No.766/891 and 80/766 and 80/889 were recorded in the name of Sudhan Kahar in the collectorate partition. Sudhan Kahar orally sold these 3 plots to one Ramnath for Rs.46 and a Sada Ruka was executed on 17 Jeth 1344 Fasli. Later on ag