H.N. Sarma, J.

1. Being unsuccessful in Title Appeal No. 3/99 by which the learned District and Sessions Judge, Nagaon, affirmed and upheld the judgment and Decree passed in Title Suit No. 43/94 passed by the learned Civil Judge, Senior Division, Nagaon, decreeing the suit, the Defendant/Appellant has filed this second appeal.

2. I have heard Mr. P.K. Khataniar and Mrs. K. Devi, learned Counsels on behalf of the Defendant/Appellant and Mr. B.K. Goswami, learned Senior Counsel assisted by Ms. T. Goswami, learned Counsel on behalf of the Plaintiffs/Respondents.

3. The Plaintiffs/Respondents instituted a suit being Title suit No. 43/94 in the court of learned Munsiff, Nagaon, praying for declaration of right, title and interest over the suit land and also for confirmation of possession and permanent injunction. The pleaded case of the Plaintiffs, inter alia, is that the suit land covered by K.P. Patta No. 228, Dag No. 426 described in the Schedule of the plaint, was owned and possessed by the Defendant No. 1 and proforma Defendant No. 2, which was originally acquired by their father. After the death of their father, the Defendants mutually partitioned the land and possessed their