By filing this second appeal defendant has challenged the concurrent findings of the learned court below whereby plaintiff’s suit was partly decreed to the extent of 1 Bigha 4½ Lechas under PP No. 63 and Dag No. 127 of Batadrawa Mouza in the district of Nagaon. This 1 Bigha 4½ Lechas of land constituted one-fourth of the suit land measuring 4 Bighas 17 Lechas of the aforesaid Dag and Patta.

2. Tihadoi Lalungoni, as plaintiff, instituted Title Suit No. 83/1998 in the court of learned Civil Judge (Jr. Divn.) No.2, Nagaon stating that land measuring 4 Bighas 17 Lechas covered by Dag No. 127 of PP No. 63 under Batadrawa Mouza in the district of Nagaon was originally owned by one Badak Lalung, her grandfather. The land was covered by K.P. No. 56 and Dag No. 208 at that time but during settlement operation in the year 1968-69 the land was resurveyed into K.P. No. 14 and Dag No. 204. In the mean time Badak Lalung had died and his only son Kalia Lalung had inherited the whole plot of 4 Bighas 17 Lechas of land. This land was thereafter resurveyed in P.P. No. 63 and Dag No. 127. Kalia Lalung died in the year 1998 leaving behind his widow Ferferi Lalungoni and four daughters, namely, Di