A.H. Saikia, J.

1. The judgment and decree dated 31.7.1998 passed by the learned District Judge. Nagoan in Title Appeal No. 3/95 dismissing the appeal preferred by the defendant/appellant herein and upholding the judgment and decree dated 24.3.1995 passed by the learned Assistant District Judge, Nagaon in T.S. No. 4/91 decreeing the suit so instituted by the plaintiffs/respondents seeking a decree for declaration of right, title and interest as well as recovery of possession of the land described in Schedule 'Kha' to the plaint, has been assailed in this second appeal.

2. The fact in brief as emerged from the perusal of the pleadings of the parties may be noted:

Late Jahurul Hoque, the predecessor-in-interest of the plaintiffs/respondent Nos. 1 to 4, purchased a plot of land measuring 121/2 lechas along with the houses standing thereon on the western part of other half of the land as described in Schedule "Kha' of the plaint, being the half of the total land of Katha-5 lechas covered by Dag No. 1650 (area 6 bighas) and Dag No. 1656 (area 19 lechas) described in Schedule "Ka" from one Late Altab Jahan @ Altab Hussain, being original owner of the entire plot of land, by executin