JUDGMENT :

1. The instant second appeal is directed against the judgment and decree dated 29th November, 2005 and 2nd December, 2005 respectively passed by the learned Additional District Judge, Fast Track 1st Court at Tamluk in Title Appeal No.35 of 2004 reversing the judgment and decree dated 25th January, 2001 passed by the Civil Judge (Senior Division), Tamluk in Title Suit No.99 of 1990.

2. The defendant No.1 and 2 are the appellants before this Court.

3. The respondent as plaintiff instituted Title Suit No.99 of 1990 against the defendants/appellants for partition, preemption of the suit under Section 4 of the Partition Act and permanent injunction stating, inter alia, that plot No.693 comprising in khatian No.192 of mouza Basudebpur, within P.S Durgachak, Medinipur measuring about 36 decimal of land was originally owned and possessed by one Biswanath Mandal, since deceased. Biswanath Mondal died leaving behind two sons Trailokya and Kumar. The said two sons of Biswanath during their life time used to own and possess the said 36 decimal of land in plot No.693 in equal share. Trailokya died leaving behind his only son Dharani. Dharani had two wives. From his first wife he had two