B.P. Katakey, J.

1. The Respondents as Plaintiffs, instituted Title Suit No. 4/2003 in the court of the learned Civil Judge (Jr. Division), No. 1, Barpeta (now Munsiff), against, the present Appellant and the legal heirs of late Krishna Kanta Das as Defendants, as well as 9 (nine) others as proforma Defendants praying for declaration of right, title and interest over the land measuring 2 Bighas, 0 Kathas, 15 Lecahs described in Schedule C; for declaration that the Defendants have no right, title and interest exceeding 3 Kathas of land in Dag No. 998 described in Schedule B; for declaration, that the registered deed of sale No. 2005/2000 dated 28.8.2000 is fraudulent; for partition of the suit land described in Schedule C and to place under the exclusive khas possession of the Plaintiffs by creating separate dag and also for declaration that the Defendants may enjoy the easementry right over a passage of 6 feet by 20 feel described in Schedule D without any right, title and interest over the said plot of land and not to make any (sic) and also for permanent injunction (sic) Madhab Chandra Das, the (sic) his permanent dwelling house over (sic) 0 Katha, 16 Lechas at Galiahati,