Indrajit Chatterjee, J.

1. This court is hearing this appeal as against the judgment and decree passed by the learned Additional District Judge, Fast Track, 4th Court, Krishnanagar, District: Nadia as passed on 4th April, 2008 in Title Appeal No. 76 of 2005 wherein the learned Court of First Appellate was pleased to allow the appeal on contest and set aside the judgment and decree passed by the learned Civil Judge (Junior Division), Nabadwip, District: Nadia, in connection with Title Suit No. 45 of 1997 on 31st January, 2005.

2. Let me start with the fact on which the parties fought the legal battle before the Trial Court.

3. The case was filed on 15th July, 1997 before that court at Nabadwip and originally, it was a suit for declaration of title and permanent injunction. On 15th of March, 1998, the plaint was amended to incorporate therein the story of dispossession to the extent of 17 decimal out of 44 decimal and prayer was also made for recovery of Khas possession and for mandatory injunction. This may be treated as the prelude.

4. The plaintiffs came up with the case that the suit property originally belong to Santosh Kumar Chatterjee and he sold the suit property to Uch