JUDGMENT :

Siddhartha Roy Chowdhury, J.:

1. Challenge in this appeal is to the judgment and decree passed by learned Additional District Judge, Fast Track, 4th Court, Alipore in Title Appeal No. 302 of 2000. By the impugned judgment learned First Appellate Court reversed the judgment and decree passed by learned Trial Court dismissing the Title Suit No. 175 of 1982.

2. For the sake of convenience the parties will be referred to as they were arrayed before the learned Trial Court.

3. Briefly stated, the plaintiff Jyotish Chandra Dutta Roy, Santosh Kumar Dutta Roy, Priyo Sankar Dutta Roy filed Title Suit No. 75 of 1982 against the defendants Jnanesh Chandra Dutta Roy and Subhas Dutta Roy for declaration injunction and recovery of Khas possession. It is contended, inter alia, that the plaintiffs and the proforma defendant no. 3 are the full blood brothers and sons of Jogendra Chandra Dutta Roy, since deceased, by his first wife. The mother of the plaintiffs and proforma defendant no. 3 died in the year 1944 and in the year 1945 Jogendra Chandra Dutta Roy married for the second time to one Smt. Bina Pani, mother of defendant nos. 1 and 2. Since the second marriage of their father put plain