JUDGMENT :

1. The defendants of Title Suit No.8 of 1992 have assailed the judgment and order of remand of the suit for fresh trial passed by the learned Additional District Judge, 11th Court at Alipore in Title Appeal No.159 of 1997.

2. Salient facts leading to the filing of the instant appeal are stated below:-

3. One Tulshi Charan Mondal, predecessor-in-interest of the plaintiffs/respondents filed a suit for declaration of title, permanent injunction and partition of their share which was registered as Title Suit No.8 of 1992 in the 10th Court of the learned Assistant District Judge, Alipore. Subsequently, however, by filing an application for amendment of plaint the respondents/plaintiffs deleted the prayer for partition. The case of the plaintiffs/respondents is that one Khetromohan Mondal was the original owner in respect of 26 cents of land in plot No.4291 appertaining to khatian no.291 and 38 cents of land in plot No.4291/4408 of khatian No.289 of mouza Chandi within P.S Bishnupur, 24 Parganas (South).

4. After the death of the said Khetromohan Mondal, his sons namely Aghar and Bipin Mondal inherited the suit property. Subsequently the said Aghar and Bipin settled 16 cents of la