1. Heard Mr. P.K. Kalita, learned counsel for the appellants. None appears for the respondents.

2. This appeal is preferred against the judgment and decree dated 16.06.2005 passed by the learned Civil Judge (Sr. Divn.), Barpeta, in Title Appeal No.29/2003 dismissing the appeal and affirming the judgment and decree dated 09.09.2003 passed by the learned Civil Judge (Jr. Divn.), Barpeta in Title Suit No.12/1992.

3. The appellant No.1 died during the pendency of this proceeding and he was substituted by his legal representatives. The appellant No.1 purchased 1 Bigha 1 Katha land from appellant Nos.2 and 3, who are husband and wife, respectively. The present respondent Nos.1 to 6 are successors-in-interest of Late Asman Ali, who was the original plaintiff. The plaintiff Asman Ali expired after he was examined as PW-2.

4. In the suit as was originally filed, one Bibijan Bewa was arrayed as defendant No.4 and the present appellants were the defendant Nos.1,2 and 3, respectively. One Chand Mahammad was arrayed as pro forma defendant No.5 and he is the son of defendant No.4. Defendant Nos.2 and 3 are son-in-law and daughter, respectively, of Bibijan Bewa. Original defendant No.4 hav