This second appeal at the instance of plaintiff in Title Suit No. 1 of 1997 has been preferred challenging the concurrent findings of the learned courts below.

2. Plaintiff instituted Title Suit No. 1/1997 in the Court of Munsiff No.1 at Goalpara against Principal Defendants No. 1 to 8 who are the legal heirs of his own brother and against three Proforma Defendants who are his two brothers and one sister. The case of the plaintiff is that suit land originally belonged to one Prasanna Kumar Ghosh who having died in the year 1962 his four sons, namely, Paresh, Sadananda, Pratul and Pabitra and one daughter, Sujita and their widowed mother Sailaja inherited the property in equal shares. Paresh subsequently died leaving behind three sons, namely, defendants No. 1, 2 & 3, his widow, defendant No. 4 and four daughters, namely, defendants No. 5 to 8. It is the case of the plaintiff that after death of Prasanna Kumar Ghosh the property was amicably partitioned among all the legal heirs and by such partition the Schedule-B property within Schedule-A described in the plaint fell in the share of the plaintiff. This Schedule-B property is the Eastern half of Schedule-A l