( 1 ) CHALLENGING the judgment dated September 5, 1986 and the decree dated September 17, 1986 passed by the learned Additional District Judge, Second Court, Nadia in Title Appeal Nos. 102 of 1985 and 103 of 1985 affirming the judgments dated 1. 3. 1985 and decree dated 11. 3. 1985 passed by the learned Munsif, Second Court at Ranaghat, Nadia in T. S. No. 706 of 1980 these two second appeals have been preferred. The Title Suit No. 380 of 1980 and Title Suit No. 706 of 1980 were tried analogously and by a single judgment both the suits were disposed of. Accordingly, Title Appeal No. 102 of 1985 and 103 of 1985 were also heard analogously and both the appeals were disposed of by a single judgment. The back-drop of the appeals as come out from the records is, inter alia, as follows:

( 2 ) NALINI Kr. Majumder being the plaintiff filed Title Suit No. 474 of 1978 on 14. 12. 1978 and on transfer it was renumbered as Title Suit No 380 of 1980 against Dwijendra Kr. Sil being the defendant. This suit is a suit for declaration of title mandatory injunction and eviction of a licensee. In Title Suit No. 380 of 1980 the plaintiff alleged that the suit land belonged to him and th