( 1 ) THIS Second Appeal is directed against the judgment and decree passed by the learned Additional District Judge, Sixth Court, Alipore, in Title Appeal No. 159 of 1975, setting aside the judgment and decree of dismissal as passed by the learned Munsif, Second Court, Baruipore, in Title Suit No. 190 of 1973 and decreeing the suit.

( 2 ) THE plaintiff filed the suit for declaration of his title to the suit land and for permanent injunction.

( 3 ) IT was the case of the plaintiff in brief that the suit land previously belonged to Abhoy Charan Naskar, Haripada Naskar, Ananda Naskar, Kalidas alias Kalicharan Naskar and Bamanmoni Naskar. Kalicharan Naskar was the defendant No. 1 and he had his 1/8th share in the land. When Kalicharan Naskar was aged about 5, all the co-sharers sold the entire suit land to Panchu Tarafdar and Gopal Tarafdar by the kobala dated 14-3-1951. In that kobala Bamanmoni Naskar represented the minor Kalicharan as his guardian. Bamanmoni was the paternal aunt of Kalicharan. It was recited in the said kobala that Bamanmoni sold the share of Kalicharan for legal necessity to maintain Kalicharan. The plaintiff who is the son of Haripada p