Brojendra Prasad Katakey, J.

1. This appeal by the defendants is directed against the judgment and decree dated 3.7.2002 passed by the learned Civil Judge, (Sr. Div) No. 1, Kamrup at Guwahati in Title Appeal No. 56/1996 dismissing the appeal preferred by the defendants by affirming the judgment and decree dated 31.8.1996 passed by the learned Sadar Munsiff No. 1, Kamrup at Guwahati in Title Suit No. 285/1987, whereby and whereunder the suit of the plaintiffs has been decreed. The predecessor-in-interest of the present respondents namely, Bijoy Kr. Ganguly, as plaintiff instituted the aforesaid suit for declaration of right, title and interest over the land described in the schedule to the plaint, contending inter alia that the land measuring 18 bighas 3 kathas 2 lechas covered by KP patta No. 217 and 589 comprising various dags, originally belonging to one Bikalal, after whose death it devolved on his three sons Shew Narayan Chetri, Lakhi Narayan Chetri and Narayan Chetri, each of whom got 6 bighas 1 kathas 2-2/3 lechas of land. It has further been pleaded that Shew Narayan Chetri out of his share of land sold 5 bighas 4 kathas 9-2/3 lechas by registered instrument dated 5.4