Roy, J.

1. This appeal is directed against the judgment and decree dated March 21, 1967 passed in Title Appeal No. 773 of 1966, by Sri K.K. Sarker, Additional District Judge, 11th Court, Alipore, affirming thereby the judgment and decree dated March 31, 1966, made by Sri Raghabendra Banerjee, Subordinate Judge, 5th Court, Alipore, in Title Suit No. 30 of 1964.

2. Although in a second appeal of the present nature findings of fact are not open for challenge, in this cage however the lower appellate Court in arriving at such findings did not give effect to the presumption arising out of the entries in the Record of Rights and as such the findings of fact became open for challenge in this appeal in view of the Privy Council decision in the case of (1) Shankar Rao v. Shambhu Wallad, 45 CWN 57. Accordingly we are considering facts as we do in Appeals from Original Decrees.

3. The plaintiff respondent No. 1 (hereinafter referred to as the plaintiff) on or about May 25, 1964, brought Title Suit No. 30 of 1964 against the defendant-appellants (hereinafter referred to as the defendants), for declaration of title, recovery of possession and mesne profits in respect of 3 cottas of homeste