This appeal is by the plaintiffs and is directed against the judgment and decree passed by the Assistant District Judge, Barpeta, in Title Appeal No. 39 of 1970.

2. The material facts may be briefly stated:

The plaintiff (since deceased and legal representatives substituted) purchased 7 B. 1 K. 6 Lechas of land of kherai periodic patta Nos. 54 and 56 from defendants Nos. 2, 3 and 4, who are the sons of one Raghunath. 2 B. 4 K. 12 Lechas out of the aforesaid dag is covered by dag No. 61 of Periodic Patta No. 56, which was subsequently covered by dag No. 124 of kheraj periodic Patta No. 78 of the last resettlement. This is the suit land. His case is that he was in exclusive possession of the land on amicable partition with the co-sharers and that defendant No. 1 had no right, title and interest in the suit land. Defendant No. 1, however, fraudulently got his name mutated in patta No. 56. In Title Suit No. 1322 of 1936 filed by one Abhiram, father of defendants Nos. 10 and 11, against the defendant No. 1, it was held that the defendant No. 1 had no right, title and interest in the patta. Even in spite of that, through inadvertence, the name of defendant No. 1 was not removed