T. Nandakumar Singh, J.

1. This second appeal, filed by the Appellant Plaintiffs, is directed against the judgment and decree of the first appellate court dated 3.5.1999, passed by the learned Addl. District Judge, North Tripura, Dharmanagar in Title Suit No. 34 of 1997 filed by the Respondent-Defendants against the judgment and decree of the trial court dated 22.12.1998 and 5.1.99 respectively in Title Appeal No. 1 of 1999.

2. Heard Mr. D. Chakraborty, learned Counsel for the Appellant-Plaintiffs and Mr. A.K. Deb, learned Counsel appearing for the Respondent-Defendants.

3. By the impugned judgment and decree of the first appellate court dated 3.5.1999 passed in Title Appeal No. 1 of 1999, allowed the appeal filed by the Respondent-Defendants by reversing the judgment and decree of the trial court dated 22.12.1998 whereby and whereunder the learned trial court had allowed and granted the reliefs sought for in T.S. No. 34 of 1997 filed by the Appellant-Plaintiffs. The substantial questions of law formulated for decision in the present second appeal are:

(1) Whether the original suit bearing Title Suit No. 34 of 1997 is maintainable in its present form and nature?

(2) Whether the suit is barred by the law of limitation?

4. For the above two substantial questions of law, only the bare minimal pleaded facts of the Appellant-Plaintiffs and those of the Respondent-Defendants are noted:

(i) That it is the case of the Appellant/Plaintiffs that the suit land described in the schedule to the plaint was purchased by one Amzad Ali, father of the Appellant-Plaintiffs, on valuable consideration by registered deeds, viz., dated 9.11.1349 T.E.(Ext-2), dated 2.12.1349 T.E.(Ext-3) and dated 26.3.1349(Ext-4) and since then Amzad Ali by constructing dwelling house in the part of the land and cultivating paddy and seasonal crops in other parts of the suit land, had been possessing the suit land. During the last survey operation Amzad Ali, father of the Plaintiff, was in the Jail custody in connection with a murder case and at that time all the Appellant-Plaintiffs were minors.

(ii) Defendant No. 1, Amir Ali, is the step-brother of said Amzad Ali. While the Appellant-Plaintiffs were minors and the said Amzad Ali, father of the Plaintiffs, was in jail custody, Respondent No. 1, Amir Ali, by concealing the said sale deeds for the purchase of the suit land and in collusion with the settlement staff, had entered his name and name of the Appellant-Plaintiffs' father, Amzad Ali, to the extent of half and half in the record of rights, i.e., khatian of the suit land. Defendant No. 1 in the year, 1968 crossed the Indo-Pakistan border and left India with his family and started living at Kulaura, P.O. & P.S. Kulaura, Dist. Sylhet, East Pakistan now Bangladesh. Afterwards in the year 1987 the Defendant-Respondents and their family members again came back to India from Bangladesh and started living temporarily for 4/5 months in the house of the Appellant-Plaintiff as the Respondent-Defendant No. 1, Amir Ali, who is the father in-law of the Appellant-Plaintiff No. 1, Md. Ilias Ali. Thereafter, Respondent-Defendant Nos. 1 and 2 started disturbing the peaceful possession of the suit land by the Appellant-Plaintiffs in the month of June 1993 even though they had no right and title over the suit land and also they had entered their, names in 50% share of the suit land.

(iii) During the re-survey operation, the Appellant-Plaintiff No. 1 filed Objection Case No. 598 of Mouja Protyekrov under Section 43(1) of TLR & L.R. Act in the court of A.S.O., Dharmanagar, Revenue circle, but the learned A.S.O. vide order dated 23.9.1993 disallowed the said objection in respect of the entry of the name of the Respondent No. 1 in half share of the suit land. It is also categorically pleaded in the plaint that on 21.9.1994 morning while the Appellant Plaintiff No. 1 was doing agricultural work in the part of the suit land, the Respondent-Defendant had threatened the Appellant-Plaintif