( 1 ) THIS first appeal is at the instance of a defendant in a suit for partition and is directed against the judgment and decree dated 15th December, 1989 passed by the learned Assistant District judge, 3rd Court, Howrah in Title Suit No. 2 of 1987 thereby passing a preliminary decree by declaring plaintiffs' title in respect of 6 and decimals of land in plot No. 3480 and 9 and 1/3 decimals of land in plot No. 3481 of khatian Nos. 2291 and 2295 of Mouja Balitikuri. By the said decree the parties were allowed two months' time to effect mutual partition by metes and bounds after maintaining the respective possession of the parties; failing which, the parties were at liberty to move the Court for appointment of commissioner to have the property partitioned by metes and bounds.

( 2 ) THE case made out by the plaintiffs/respondents may be epitomised thus: (a) The plaintiffs, five in numbers, are all brothers by relation. By a registered deed of sale dated 12th May, 1961, they purchased from one alamohan Das, the father of the present appellant, 4 cottahs 1 chittak and 25 sq. ft. out of Dag No. 3480 and further purchased 6 cottahs 2 chittaks and 15 sq. ft. out