Heard Mr. D. Choudhury, learned counsel for the appellants. Also heard Mr. B. Banerjee, learned Senior Counsel assisted by Mr. S.K. Mukhtar, learned counsel for the respondents.

2. This appeal is by the plaintiffs against the judgment and decree dated 20.01.2005 passed by the learned Civil Judge (Sr. Divn.), Nalbari in Title Appeal No.17/2004 allowing the appeal of the defendant and reversing the judgment and decree dated 28.06.2004 in Title Suit No.22/01 passed by the learned Civil Judge (Jr. Divn.) No.1, Nalbari, whereby suit of the plaintiffs was partly decreed without cost.

3. The case set out by the plaintiffs is that father of the plaintiffs, namely, Rajendra Deka and Gajia @ Gaji were brothers. Gaji was untraced for 30/35 years and as such the plaintiffs’ father was possessing the entire land in K.P. No.189 of Village- Narayanpur. There is 2 Bigha 9 Lecha, 1 Bigha 4 Katha and 1 Bigha 2 Katha 11 Lecha, in Dag Nos.62, 76 and 94 of K.P. No.189, respectively, totaling 5 Bigha 2 Katha. Defendant has his land near the said plots of land in a different Dag and Patta. Father of the plaintiffs died about 4 years back from the date of filing of the suit, that is to say, around