1. Heard Mr. P. K. Kalita, learned counsel assisted by Ms. T. Goswami, learned Advocate appearing for the appellants. None appears for the respondents despite the names of their counsels having been reflected in the cause list.

2. This Second Appeal has been preferred against the judgment and decree of reversal dated 08.07.2003 passed by the learned Civil Judge (Senior Division), Morigaon in Title Appeal No.9/2003 reversing the judgment and decree dated 04.02.2003 passed by learned Civil Judge (Junior Division) No.1, Morigaon in Title Suit No.59/1993.

3. The case of the plaintiff/respondent as set out in the plaint is that land measuring 3 kathas covered by Dag No.635 of Patta No.148 of 1971 Re-Settlement, situated at Morigaon Revenue Town in (erstwhile) Morigaon Sub Division is the subject matter of the suit which has been described in Schedule – ‘Ka’ to the plaint. Late Girish Barthakur was the owner of a plot of land measuring 7 kathas in the aforesaid dag and patta. Girish Barthakur died in the year 1977 leaving behind the defendant Nos.1 to 7 as his legal heirs. Defendant No.7 Ranubala Barthakur is the wife of Late Girish Barthakur whereas the other d