This appeal by the defendant Nos.1 to 9 is directed against the judgment and decree dated 05.04.2003 passed by the learned Civil Judge (Sr. Division), Barpeta, in Title Appeal No.10/2002, allowing the appeal by setting aside the judgment and decree dated 26.06.2002 passed by the learned Civil Judge (Jr. Division), Barpeta, in Title Suit No.99/1997, whereby and whereunder the suit of the plaintiff/respondent No.1 was initially dismissed.

2. The respondent No.1 as plaintiff instituted the aforesaid suit for partition of the land measuring 57 bighas 3 kathas 0 lecha described in Schedule-A to the plaint and declaration of right, title and interest in respect of 9 bighas 3 kathas 13 lechas of land covered by Dag No.202 of K.P. Patta No.15 (Schedule-B), which is part of the Schedule-A land as his share being 1/7th of the Schedule-A land, contending inter alia that Schedule-A land apart from other annual patta land originally belonged to Faguna, who died in the year 1926 and had 7(seven) sons including the plaintiff, the predecessor-in-interest of the defendant Nos.1 to 7, namely, Madhab Talukdar, defendant No.8 Madan Talukdar, defendant No.9 Prankrishna Talukdar