This first appeal has been filed against the judgment and decree dated 12.11.90 passed by the learned Assistant District Judge, Nagaon, Assam in Title Suit No.30 of 1982. By the impugned judgment and decree the learned Assistant District Judge decreed the suit. Hence this first appeal.

2. The brief facts of the case are quoted below from the judgment of the learned Assistant District Judge :

"This case for the plaintiff, in brief, is that the entire land of Dag No.211 covered by Periodic Patta No. 149 originally owned by Seikh Md Hussain. The area of the entire dag was 20 bighas, 18 lechas. Ultimately in the settlement of 1957-58 and 1968-69,-the old dag was converted into different dags The suit land appertains to Dag No.274 under Periodic Patta No.52. The description of the suit land has been well mentioned in the Schedule of the plaint. Late Seikh Md Hussain gifted the entire dag to late Ishab Ali, the predecessor in interest of the present plaintiffs, Asrab Ali, the defendant No. 1, the defendant No.2, Surat Ali and late Mosrab Ali, the predecessor in interest of defendant Nos.3, 4, 5 and 8 by a registered gift deed dated 1.8.33. Accordingly all the four donees of the gift deed g

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