Anima Hazarika, J.

1. The appellants herein who as plaintiffs brought a suit in the Court of the learned District Judge, Dibrugarh being T.S. No. 58/1991 titled as Md. Badaruddin Ahmed Vs. Md. Sirajul Haque, have questioned the legality and validity of the judgment and decree dated 26.04.2001 passed by the learned Civil Judge (Senior Division) Dibrugarh in T.A. No. 1/1999 whereby and whereunder the learned Civil Judge (Senior Division), Dibrugarh, allowed the appeal preferred by the defendant in the suit by setting aside the judgment and decree dated 11.01.1999 passed by the learned Civil Judge, No. 1 (Junior Division), Dibrugarh in Title Suit No. 2/1995. Heard Mr. P.J. Saikia, learned counsel appearing for the appellants. Also heard Mr. N.C. Das, learned Senior counsel assisted by Ms. M. Devi, Advocate for the respondent.

2. The factual matrix of the case as pleaded is narrowed down as follows:

The grandfather of the plaintiffs and uncle of the defendant Late Habib Khan died in the year 1974 leaving behind Mustt. Asgari Begum, widow of his son Samiullah Khan, who predeceased Habib Khan, leaving behind the plaintiffs, their mother and two daughters. The said Habib Khan allowed