JUDGMENT :

BISWAROOP CHOWDHURY, J.

1. The appellants before this Court are plaintiffs in a suit for declaration and permanent injunction being Title Suit No. 2 of 1998 before the Court of Learned Civil Judge (Junior Division) Mathabhanga District Cooch Behar and respondent in the Appeal being Title Appeal No. 20 of 2015 before Learned Additional District Judge 3rd Court Cooch Behar in which the decree passed in Title Suit No. 2 of 1998 by Learned Civil Judge (Junior Division) was reversed. The appellants being aggrieved by the Judgment and order dated 03-10-2019 passed by the Learned Additional District Judge 3^rd Court Cooch Behar in Title Appeal No.20/2015 has come up with the instant appeal.

2. The case of the appellants/plaintiffs before the Learned Trial Court may be summed up thus:

One Tashlimuddin Miah was the recorded owner in respect of whole quantum of land of Mouza-Nalgram, Parganas-Lalbazar Police Station-Sitalkuchi Revenue Survey no. 422 Jl. 6. R.S. Khatian No. 155/264, in the District of Cooch Behar measuring about 8.84 Satak of Land and possessed the same under personal cultivation.

Tashlimuddin Miah died on the last part of Aswin 1383 B.S. leaving behind 3 sons namely Ayup Ali Miah, Abdul Hamid Mia and Abdul Azir Mia and one daughter Majitannecha Bewa. The defendants are the sons of Majitanneeha Bewa as well as the Grandsons of said Tashlimuddin Miah.

3. The plaintiffs purchased some lands of said Tashimuddin Miah and after the death of Tashlimuddin Miah his three sons sold some lands in favour of the present applicants/plaintiffs and others.

4. In the year 1996 the defendants and their mother namely Majitanneeha Bewa showing false Khaitan demanded that they are the legal heirs and owner of said Tashlimuddin Mia of some portion of land of the present plaintiffs and also trying to disposses the plaintiffs from the said land in question.

5. The defendant No.1 knowing it fully well of the transfers of the suit land in favour of the plaintiffs and having full and clear knowledge that she did not inherit the properties, left by her father in collusion with the employees of the B.L. and LRO office, Sitalkuchi caused recording of her name in L.R. Khatian No.319 of Mauja-Nalgram with respect to the land left by her father. The BL and LRO his employees without any field survey and disregarding the provision of law recorded 8.84 acre of land of said Tashimuddin Miah in favour of the defendant no 1 describing her as legal heiress of her father Tashmuddin Miah. That the BL and LRO/his employees have recklessly recorded 1/4^th share of her father and the recorded land in the name of defendant No.1 whereas total land recorded in Khatian No.156/264 is only 8’84 acres.

6. That the recording of the portions of the suit plots in favour of the defendant No.1 is wrong illegal inoperative and not binding upon the plaintiffs. The plaintiff’s purchased the suit land from the sons of the deceased Tashimuddin Miah and got physical possession of the same by way of purchase. The plaintiff thus acquired right title interest and possession in the suit Land.

7. On the pretext of the recording of some portions of the suit Land the defendants since the 3rd part of Agrahayam are declaring that they with the help of their men will harvest the paddy grown in the suit land.

8. Since the aforesaid date the defendants and their men are declaring that they will harvest the paddy of the Suit Land they may be dispossessed there from and in that case the plaintiffs will suffer irreparable loss and the purpose of the suit will be frustrated.

9. The plaintiffs are all cultivators and solely dependent upon the agricultural yields of the suit land. The plaintiffs have possession in the suit Land.

10. The plaintiffs purchased their respective land from the legal heirs of the deceased Tashimuddin Miah and possessing their respective portions which is described in schedule ‘A’ of the plaint. The defendants and their men in a single transaction or single act invaded the righ