The second appeal has been preferred by the plaintiff of Title Suit No.267 of 2006 of the court of learned Munsiff No.2, Kamrup, at Guwahati. The learned Munsiff by his Judgment and decree dated 25.4.2008 decreed the suit in favour of the plaintiffs but Title Appeal No.15 of 2008 preferred by the defendants in the court of learned Civil Judge No.2, Kamrup, Guwahati was allowed dismissing the suit of the plaintiff in entirety. Aggrieved at the appellate decree dated 20.12.2010, the plaintiff has approached this court preferring the present second appeal.

2. Suraiya Begum and three others as plaintiffs instituted Title Suit No. 204 of 1995 in the Court of learned Assistant District Judge at Guwahati praying for declaration of their right, title and interest and for injunction against the defendants who are three in numbers. The plaintiffs claimed that suit land described in the schedule to the plaint fell in their share and they have joint right, title and interest and possession over the same. It is further stated in the plaint that father of the plaintiffs Late Hafiz Ohidul Haque married Saira Khatoon (mother of the plaintiffs) who on turn is the daughter of one Nur Mohammad. Nur Mohammad had two sons namely, Ghulam Rabbi and Khalilur Rahman and one daughter Saira Khatoon. Khalilur Rahman died unmarried and so properties left by Nur Mohammad was divided between the predecessor of the defendants, namely, Ghulam Rabbi and the mother of the plaintiffs, Saira Khatoon. The plaintiffs also claimed that they inherited share of Ghulam Rabbi as per provision of Mohemmedan Law. Original owner Late Nur Mohammad is stated to have landed properties at M.S. Road, Tokobari in the city of Guwahati and also at village Kutikuchi, Odalbakara at village-Dakhingaon within the district of Kamrup. After land value of all areas had arisen high and after the family had expanded, dispute arose among them and to resolve the same and to prevent it from going to the uncontrollable position, they decided to go for partition of the properties left by their predecessor in interest. Accordingly with a view to maintaining amity and peace in the family, plaintiffs and defendants partitioned the properties left by their predecessor in interest late Nur Mohammad by a registered deed dated 5.4.1973 vide No. 4246. In the said deed, plaintiffs were shown as one party and the defendants were shown as the other party. At the time of the execution of the deed, neither Saira Khatoon nor Ghulam Rabbi were alive and that the properties were divided as per their respective shares. In the deed, the properties of the share of each of the defendants were shown separately in the schedule ‘Ka’ to ‘Jha’. While schedule ‘Ka’ land fell in the share of defendant No.1, Mustt. Jinnatnessa, the same in schedule fell in the share of Mustt. Jarjina Rahman, defendant No.2. Similarly, land of schedule ‘Ga’ fell to the share of Dr. Farida Begum, defendant No. 3. On the other hand, land described in schedule ‘Gha’ ‘Unga’, ‘cha, ‘Chha’ fell to the shares of plaintiffs No. 1 to 4. However, land described in the schedule ‘Ja’ to the deed fell to the share of defendants No. 1 to 3 jointly in ejmali and the land of schedule ‘Jhha” went to the share of the plaintiffs jointly. It was mentioned in the deed itself that the defendants No. 1, 2 and 3 would enjoy schedule ‘Ja’ land in equal shares and that of schedule ‘Jhha’ would be enjoyed by plaintiffs No.1 to 4. Out of total land measuring 3 Bighas 3 Katha covered by dag No.38 of K.P. Patta No.11 of village-Dakhingaon under Mouza Beltola, plaintiffs No. 1 to 4 got 2 katha 5 lechas of land each and the defendants No. 1, 2 and 3 got 3 kathas of land. The land covered by dag No.38 of K.P. Patta No.11 is the suit land. It is further stated that although there was perfect partition case among the parties but there was no such perfect partition case for land covered by K.P. Patta No.11. The parties were enjoying and possessing their respective s