Toufique Uddin, J.

1. This second appeal was born out of a decision of Sri A.K. Goswami, learned Assistant District Judge, Contai, Midnapore dated 11th September, 1989 passed in Title Appeal No. 51 of 1989 reversing the Judgement and decree dated September, 29, 1988 passed by Sri S.A. Qayyum, Munsif, 2nd Court, Contai in Title Suit No. 4 of 1983. In background of this appeal the facts in a nutshell is as follows:

The land as described in schedule 'Ka' and 'Kha' to the plaint originally belonged to one Rudranarayan Patra and Ganganarayan Patra, the predecessors of the plaintiff and the defendants No. 2 to 5. The said Rudranarayan Patra and Ganganarayan Patra got the suit property from Manmatha Deb and others by Amalnama. The present plaintiff is the heir of Rudranarayan Patra, who got the 'ka' schedule land by way of mutual partition. After the said Amalnama, the plaintiff's grand father Rudranarayan Patra and Ganganarayan Patra took possession in respect of the 'kha' schedule land. The suit land as described in the 'ka' schedule of the plaint is part and parcel of the 'kha' schedule land. After the death of Rudranarayan Patra - the plaintiff's father and thereafter plaintiff