This civil second appeal, under Section 100 of the Code of Civil Procedure, is directed against the judgments & decrees, dated 06.05.1996 and 01.07.1996 respectively, passed by learned Additional District Judge, West Tripura, Agartala (first appellate Court) in Title Appeal No. 3/1994. In the said ap#31;peal before the learned Additional District Judge, West Tripura, Agartala, the judg#31;ments & decrees, dated 14.10.1993 and 22.11.1993 respectively, passed by learned Additional Munsiif, Sadar, in Title Suit No. 73 of 1975, was challenged but the first ap#31;pellate Court upheld the judgment & decree, passed by the trial Court and hence this second appeal.

2. Ali Chand Mia, since deceased, predecessor of the present respondents, as plaintiff, instituted Title suit No.73/1975, against Vivekananda Deb (since deceased) predecessor of the present appellants, as defendant, in the Court of Civil Judge, Junior Division, Agartala, interalia, seeking declaration of title and khas possession (recovery of possession) of the land described in the first and second schedule of the plaint. The description of the suit land sc given in the schedules were as follows:

"First Schedule District West Tripura, Pargana Agartala, P.S Sadar, Kotwali, Mouja Chandinamura appert#31;aining to old tenancy jote No.293 of landlord sheristha, present settlement Khatian No.2069 included in plot No.210.

Boundary North - Formerly Arab Ali, at present Surendra Nama,

South - Plot No.24 of Map of commissioner in partition Suit (T.S. 13 of 1962), in western side Ali Chand Mia, the 2nd Schedule land; in eastern side Mia Chand Mia, at present Bibekananda Deb.

East - formerly Satish Sarma, At present defdt, Bibekananda Deb.

West - Ali Chand Mia, Pltff. western part of Plot No.210.

With this boundaries - eastern part of plot No.210 area more or less 10(ten) gandas.

Second Schedule

Dist West Tripura, Pargana Agartala, P.S Sadar Kotwali, Mouja Chandinamurah appertaining to old jote No. 111 and in present settlement appertaining to Khatian No.33 comprising plot Nos.238/240 and included in plot No.24 of the map of Commissioner in partition suit No. 13 of 1962 Sub-Judge, Court, Agartala.

Boundary

North - Western part of 1st schedule land.

South - Formerly Ali Chand Mia at present Nandalal Choudury.

East - Formerly Mia Chand Mia at present Defdt. Bibekananda Deb, the eastern part of partition plot No.24.

West - Partition plot No.25, owner Ali Chand Mia, pltff

Within this more or less -14 (fourteen gandas) the western part of partition plot No.24 "

3. Pleadings of the plaintiff (respdts):

It was interalia stated by the plaintiff that the land, described in first schedule of the plaint, was originally belonged to Thakur Dhirendra Chandra Dev Barma, a Sabayet of Sri Sri Laxmi Janardhan and Laxmi Gobinda, Deities and said Thakur Dhirendra Chandra Dev Barma accepting a petition of the plaintiff, dated 02.06.1961, granted registered Tatta' to the plaintiff for the land, described in first schedule, on 10.07.1961 and the plaintiff from the date of such execution of registered patta had been possessing title suit land and enjoying the usufruct thereof and was paying rent to the proper authorities. The said land was recorded in his name in parcha (khatian) No.2069, Plot No.210, measuring 13 gandas but actually it was measuring an area of about 16 gandas. The land described in second schedule of the plaint originally belonged to Abdul Soban, father of the plaintiff and second party defendant Mia Chand Mia. On the death of Abdul Soban they along with other heirs got the land and the plaintiff purchased the land of his co-sharers except his brother, Mia Chand Mia (second party defendant). He (plaintiff) instituted T.SNo. 13/1962 in the Court of Subordinate Judge, Agartala, for partition of whole ancestral property and the second party defendant was the defendant No. 1 in that partition suit, preliminary decree in the suit was passed on 15.07.1964 and thereafter, a Survey Commissioner was appo