This second appeal is preferred against the judgment and decree dated 16.02.2006, passed by the learned Civil Judge (Senior Division), Karimganj in Title Appeal No. 25/1997 dismissing the appeal and affirming the judgment and decree dated 31.03.1997, passed by the learned Civil Judge (Junior Division) No. 3, Karimganj in Title Suit No. 386/1981. The appeal is preferred by the legal representatives of defendant No. 2 in the suit.

2. By way of preface, it may be indicated that plaintiff claims to have purchased a plot of land as described in Ext. 1, a sale deed executed by defendant No. 1 dated 11.04.1979. Defendant No. 2 is the brother of defendant No. 1. Defendant No. 2 claims to have purchased the suit land vide Ext. B dated 27.03.1978 from defendant No. 1.

3. In the suit, it was pleaded that suit land as described in the schedule to the plaint was in possession of the defendant Nos. 1 and 2 by virtue of their purchase of tenancy rights. The defendants had amicably partitioned the aforesaid land and the suit land fell in the share of defendant No. 1. Out of the land falling in the share of defendant No. 1, one powa of land with the boundaries as described in the sched