JUDGMENT :

1. Judgment and order of remand passed on 7th October, 2015 in Title Appeal No.15 of 2015 by the learned Additional District Judge, 2nd Court at Barasat is under challenge in the instant appeal at the instance of the defendants of Title Suit No.193 of 2008.

2. Predecessor-in-interest of respondent No.1 filed a suit for declaration of title and permanent injunction against the defendants/appellants in the 1st Court of the learned Civil Judge (Junior Division), Barasat which was registered as Title Suit No.193 of 2008.

3. Subject matter of the suit was "a piece and parcel of land measuring 06 decimal or 3 cotta 10 chittacks 8 sq. Ft appertain to Dag No.66 of Khatian No.129 corresponding to L.R Khatian No.895, 556, 960, 934, 20 and 594 in mouja Atghara; J.L No.10, P.S Rajarhat, Dist North 24 Parganas being under Ward No.6 in Rajarhat- Gopalpur Municipality."

4. The appellants contested the suit by filing written statement and counter claim against the respondents.

5. Subject matter of the counter claim was-

"All the piece and parcel of land measuring 0.08 acre out of 0.55 acre of Sabek Dag No.67 Hal Dag No.66 Sabek Khatian No.129 L.R Khatian No.530 of Mouja Atghara J.L. No.10 P.S