This appeal arises from the judgment and decree passed by the learned Assistant District Judge, Goalpara, Dhubri in Title Appeal No. 66 of 1975 dismissing the appeal and affirming the judgment and decree passed by learned Munsiff, Goalpara in Title Suit No. 160/71 dismissing the suit. The suit is for declaration of title and delivery of khas possession on partition of the suit land.

2. Gende Bibi died leaving the three plaintiffs and four defendants in the suit, own brothers and sisters as her legal heirs with respect to the suit property consisting in 7 and odd bighas of land as described in the plaint schedule. It is the case of the plaintiffs that on the death of their mother Gende Bibi, the plaintiffs and defendants made an amicable partition of the suit property and each started possessing his/her share of the property but defendant No. 3 Serajuddin surreptitiously got the entire land recorded in his name in the revenue records and has been trying to dispossess the plaintiffs from their portions of the suit land. Hence the suit for declaration of title to the suit land and partition of it in 1/7th share thereof for each of the legal heirs and for separate possession o