( 1 ) THIS appeal arises out of the judgment and decree passed by the learned Additional District Judge, 9th Court, Alipore, in Title Appeal No. 702 of 1976 reversing the judgment and decree passed by the learned Sub-Judge, First Court, Alipore, in Title Suit No. 4 of 1972.

( 2 ) THE plaintiff is the appellant in the instant appeal and the title suit was instituted by the plaintiff for declaration of his title to the property in dispute as described in schedule to the plaint and also for a declaration that the defendants Nos. 1 and 2 have no right, title and interest in the suit property and the alleged sale of the disputed property by a deed dt. May 10, 1967 between the defendant Nos. 1 and 2 was not binding upon the plaintiff. The plaintiff also made prayer for recovery of the khas possession of the disputed property after evicting the defendants from the same.

( 3 ) THE plaintiffs case is that Tulsibala the mother of the plaintiff purchased on May 12, 1941 the plot in C. S. 563 and 559 since renumbered as R. S. Dag No. 606 and 614 out of her stridhan and built a hut on the said land and thereafter lived with her husband in the said property. The plaintiff's moth