This appeal is at the instance of the defendant and it arises out of a suit for declaration of title and recovery of possession.

2. The case of the plaintiffs is that the suit land as per schedule 'A' to the plaint was allotted to the share of Sm. Jagat Pabani Dasi by the final decree for partition passed in Title Suit No. 51 of 1928 of the 6th Court of Subordinate Judge, Alipore. In terms of the decree, the Receivers of her estate were required to pay some owelty money to the other parties in that suit. In order to recover his share of the owelty money, Shib Chandra Bose, one of the parties to the suit, put the decree into execution and one Brindaban Chandra Basak purchased the 'A' schedule land and the other adjacent lands in auction as benamdar of the present plaintiffs. A sale certificate was issued in the name of Brindaban who took delivery of possession of the suit land through court on November 15, 1953. Thereafter, the plaintiffs began to use and occupy the suit land in khas as a garden. Brindaban executed a deed of release in favour of the plaintiffs on December 23, 1955 disclaiming his interest in the suit land. During Revisional, Settlement Operation, the defendan