C.R. Sarma, J.

1. This appeal is directed against the judgment and decree, dated 11.8.2008 and 18.8.2008 respectively passed by the learned Civil Judge, Tinsukia, in Title Suit No. 66/2006. The Plaintiff's suit being dismissed by the learned trial Judge, the Plaintiff, as Appellant, has come up with this appeal.

2. The Plaintiff's case, in brief, may be stated as below: -

The Plaintiff is the absolute owner of 1 katha, 11/2 lessas of land appertaining to a part of Dag No. 1337(New)/458(01d) of periodic patta No. 422(Old)/1160(New), situated at Tinsukia Town Ekma Khanda-3, Mouza-Tinsukia, and another plot of land measuring 4 kathas, 11 lessas, covered by Dag No. 1313, 1334, 1338 of periodic patta No. 250 situated at Tinsukia Town Ekma Khanda-1, Mouza-Tinsukia, along with the residential building and the shop houses standing thereon. The residential building and rented premises are covered by Holding No. 2343 and 2343(a) of Tinsukia Municipal Board. The suit property has been fully described in the schedule to the plaint.

In order to avoid quarrel, among his sons (Defendant Nos. 1 to 3), the Plaintiff permitted his sons, i.e., the Defendant Nos. 1, 2 and 3 to reside separately, s