Suman Shyam, J.

1. This Second Appeal has been directed against the judgment and decree dated 04.04.2012 passed by the learned District Judge, Darrang, Mangaldoi, in Title Appeal No. 4 of 1999 upholding the judgment and decree dated 06.08.1999 passed in Title Suit No. 6/1997 by the learned Civil Judge (Senior Division), Darrang, Mangaldoi. The case of the plaintiffs/respondents as projected in the plaint is that one Haidua Koch and another was the original owner of land measuring 9 bigha 0 katha 8 lechas indicated in Schedule-"Ka" to the plaint. Amulya Kochani, the proforma defendant No. 5, was the only child of Haidua and as such after her death the said proforma defendant No. 5 had inherited all the properties left behind by Haidua including the land described in Schedule-Ka. One Kantaram Medhi was kept as a husband by the said Amulya Kochani during the lifetime of Haidua and out of their conjugal relationship three daughters, viz., Smti. Sabitra Deka, Smti. Nileswari Saharia and Smti. Mem Saharia were born. Smti. Sabitri Deka and Smti. Nileswari Saharia are the plaintiff Nos. 1 and 2 in the title suit. After the daughters were given away in marriage, Amulya Kochani and Kantaram Medhi had kept the appellant No. 1/defendant No. 1 to look after them and allowed the said appellant No. 1/defendant No. 1 to cultivate the land on condition that he will vacate the suit land and suit house when required by Amulya Kochani. Kantaram Medhi died in August, 1996 leaving behind plaintiff Nos. 1 and 2 and proforma defendant Nos. 5 and 6 as his legal heirs. Earlier, on 19.05.1989 Amulya Kochani had made a registered Will in favour of the appellant No. 1/defendant No. 1 in respect of the suit land. However, after execution of the Will the said appellant No. 1/defendant No. 1 stopped taking care of the proforma defendant No. 5 and her husband who were in their old age. As such, the registered Will was cancelled by its executor on 30.10.1991 whereafter the proforma defendant No. 5, Amulya Kochani executed a registered deed of gift bearing No. 2375 dated 28.12.1993 in favour of the plaintiff Nos. 1 and 2 gifting away the suit land pursuant whereto the possession of the land so gifted had also been delivered to the plaintiff Nos. 1 and 2 since the third daughter, Mem Saharia had given up her claim over the suit land. On 09.11.1994 the names of the plaintiff Nos. 1 and 2 had also been mutated on the basis of the aforesaid deed of gift as well as their possession over the suit land. However, while the said plaintiffs were enjoying peaceful possession over the suit land on 27.03.1999 the appellant No. 1/defendant No. 1 tried to dispossess them from the suit land as a result of which proceedings under Section 145/146 Cr.P.C. had to be initiated by the plaintiffs. Thereafter, the plaintiffs had to institute Title Suit No. 6/1997 in the Court of the learned Civil Judge (Senior Division), Darrang, Mangaldoi against the Defendants Nos. 1 to 4, seeking a decree declaring their title and for recovery of khas possession of the suit land by evicting the defendants and for other consequential reliefs. The defendant Nos. 2, 3 and 4 are the wife and children of the defendant No. 1.

2. The appellants/defendants herein contested the suit filed by the plaintiffs by filing written statement wherein they have generally denied the averments made in the plaint. Having done so the defendants/appellants have further pleaded in para 16 of the written statement that the proforma defendant No. 5 had cancelled the registered Mil and executed the gift deed at the instigation and as per the plan of the husbands of the plaintiffs. Therefore, no right or title can be Conferred upon the plaintiffs on the basis of the aforesaid gift deed.

3. On the basis of the pleadings of the parties the learned trial Court framed as many as 9 issues which are as follows:--

"(1) Whether there is any cause of action for the suit?

(2) Whether the suit is barred by limitation?

(3) Whether the s