B.P. Katakey, J.

1. The legal heirs of defendant No. 1 and the defendant Nos. 2, 5, 6, 8, 10, 11, 13 to 18, 21 to 34, 34(a), 34(g), 35 to 38. and 19 other proforma defendants in Title Suit No. 13/1997 have preferred the present appeal challenging the judgment and preliminary decree both dated 7-4-2003 passed by the learned Civil Judge (Sr. Division), Hailakandi in the aforementioned suit de- daring the joint title of the plaintiffs (the original respondent Nos. 1 to 6 in the appeal) over the land measuring 32 Bigha 7 Katha 14 Chatak 9 Gonda 12 Kora 1 Kranti, described in Schedule 1 by partition of the said land by maintaining possession of the plaintiffs over the land described in Schedules 2 to 5 and drawing a preliminary decree for allotment of a separate share of the said land without reference to the Revenue Department and, thereafter, for preparation of the separate share.

2. The present respondent Nos. 1 to 3, 5, 6 and Mustt. Rukia begum (whose name has been struck off from the list of respondents on the prayer of the appellants vide order dated 6-5-2005 as she died on 20-7-2003) instituted Title Suit No. 13/1997 against the predecessor in interest of the present appellant