This is a second appeal filed by the defendants 8 to 10 in Title Suit No. 194 of 1955 on the file of the Munsiff, Kailasahar, against the judg­ment and decree of the District Judge in First Title Appeal No. 99 of 1956 on his file dismissing with costs the appeal filed by them against the judgment and decree of the Munsiff decreeing the Title Suit No. 194 of 1955 filed by the first respondent for delivery of possession of the plaint first schedule land.

2. The facts of the case involving a long drawn out litigation which led to the institution of this second appeal are as follows:-

(a) There is a Taluk No. 36, situate in mouja Kamrangabari under Pargana Bhi-tar Kailasahar, about 16 drones in extent, which stood in the names of Ramananda Singh, Sri Krishna Deb and Nabin Chan­dra Deb. 36/4 is a Kharija Taluk out of the same being 1 drone, 9 kanis, 13 gan­das and 3 karas in extent.

(b) Khariia Taluk No. 36/4 belonged to Kuttasa Fakir. He possessed the same through his tenants namely, the defen­dants 1, 2, the father of the defendants 13 and 14 and the father of the third de­fendant. They executed Ext. 4, Kabuli-yat dated 10th of Bhadra, 1353 T. E. in his favour. Under Ext. A dated 30th Bh

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