This appeal by the appellant/defendant No.1 is directed against the judgment and decree dated 11.04.2003, passed by the learned Additional District Judge (FTC), Sonitpur at Biswanath Chariali, in Title Appeal No.1/1999 affirming the judgment and decree dated 21.09.1998, passed by the learned Civil Judge (Junior Division), Biswanath Chariali, in Title Suit No. 20/1991.

2. The case set out in the plaint is that 5 Bigha 2 Katha 6 Lecha of land, covered under Dag No. 578 (old)/84 (new) of Periodic Patta No.236 (old)/193 (new), situated at village Moralgaon, Mouza-Biswanath, originally belonged to one Khemia, who had two sons, namely, Maghiram Koch and Thaneswar Koch. After the death of Khemia, both the brothers made amicable partition of the aforesaid land in equal shares about 25 years ago and accordingly, land measuring 2 Bigha 3 Katha 13 Lecha fell in the share of Thaneswar Koch alias Bora, and he was in absolute possession of the same. The defendants, who had no manner of right, title and interest or possession, had forcibly taken possession of the land described in the Schedule on 11.10.1982 taking advantage of the bedridden condition of Thaneswar Koch and, since then,