Heard Mr. A. S. Choudhury, learned senior counsel, assisted, by Mr. A. Maleque, appearing for the appellants/defendants. None appears for the respondent today.

2. The case was heard in part on 19.9.2002. This appeal has been pending since the year 1997 which arises out of a title suit being Title Suit No. 6/1991, and that being the position, this appeal deserves its expeditious disposal.

3. The judgment and decree dated 2.1.1997 passed by the learned District Judge, Barpeta in Title Appeal No. 6/1994 thus affirming the judgment & decree passed by the trial court in "Title Suit No. 6/1991 are the subject-matter under challenge in this second appeal.

4. While admitting this appeal on 6.6:1997 the substantial questions of law as enumerated in the Memo of Appeal in grounds No. 2,7 and 8 have been taken by this court as formulated substantial questions of law for the purpose of this appeal.

5. The facts of the case in a nut-shell are as follows:

One Majar Ali died intestate leaving behind three wives, namely, Mustt. AminaKhatun, Mustt. Madhan Nessa and Mustt. Jahura Khatun. Plaintiffs Jahura Khatun and her three children, main respondents herein, instituted a suit claiming the