The principle of self-acquired property, joint family property, and territorial jurisdiction of registration were central to the court's decision.

Heard Mr. P. K. Deka, learned counsel for the appellants on the admission of the appeals under Order 41 Rule 11 CPC.

2. These Second Appeals, numbered as RSA 176/2015 and RSA 177/2015 are preferred by the defendant No. 2 of the suits against the judgment and decree dated 23.12.2014, passed by the learned Civil Judge, Barpeta, in Title Appeal No. 30/2011 and Title Appeal No. 31/2011 arising out of the common judgment dated 09.05.2011, and decree dated 16.05.2011, passed by the learned Munsiff No. 1, Barpeta, in Title Suit No. 351/2007 and Title Suit No. 8/2008. Title Suit No. 351/2007 was filed by one Mitali Das and Title Suit No. 8/2008 was filed by one Smt. Tapasi Sarkar, both being sisters of defendant No. 1 in both the suits, Prasenjit Das, who is no more. Plaintiffs and defendant No. 1 in the suits are daughters and son, respectively, of Prasanta Kumar Das.

3. In Title Suit No. 351/2007, the plaintiff of Title Suit No. 8/2008 is arrayed as pro forma defendant No. 18, and the plaintiff of Title Suit No. 351/2007 is arrayed as pro forma defendant No. 18 in Title Suit No. 8/2008.

4. Mr. Deka, learned counsel has submitted that almost identical averments have been made in both the suits.

5. Plaint version of both the suits are that defendant No. 2 purchased 1 Katha 5 Lecha of land from the defendant No. 1, described in Schedule-B of the plaint, which is within Schedule-A. Father of the plaintiff had purchased the Schedule-B land by a registered sale deed dated 22.07.88 from one Matilal Basak and was exclusively possessing the same till his death in the year 1997 and, upon his death, his daughters as well as the son acquired right, title and interest in the land, described in Schedule-B, to the extent of 1/3rd share of the land each, which, in other words, measures 8 Lecha of land each. Schedule-A comprises 6 Bigha 18 Lecha of land, including the 1 Katha 5 Lecha of land purchased by the defendant No. 2. The father of the plaintiff was residing in a part of the Schedule-A land measuring 1 Bigha 8 Lecha with his parents, brothers and sisters and the plaintiff’s grand-mother, Kalidashi, is having right, title and interest in respect of the balance area of the land in Schedule-A, excluding Schedule-B. The proximate cause for filing the suit was the revelation that the defendant No. 1 sold out the self-acquired property of the father of the plaintiff, measuring 1 Katha 5 Lecha, to the defendant No. 2 vide three registered sale deeds. Enquiries had further revealed that mutation was recorded in the name of the defendant No. 1 as the only legal heir of Late Prasanta Kumar Das. Accordingly, suit was filed for declaration of right, title and interest; recovery of possession and for partition of Schedule-B land along with declaration of the sale deeds to be ineffective and inoperative in the eye of law, etc.

6. The defendant Nos. 1 and 2 filed written statement cum counter-claim. Death of Prasanta Kumar Das, leaving behind the plaintiffs and defendant No. 1 is admitted. So also the fact that Prasanta Kumar Das had purchased 1 Katha 5 Lecha of land, which was shown as Schedule-Y in the written statement cum counter-claim. It is pleaded that Prasanta Kumar Das had separated his son, namely, Prasenjit Das, defendant No. 1 and, accordingly, he had constructed a house. In the counter-claim, Schedule-A land is described as Schedule-X. It is further pleaded that defendant No. 1 along with his family resided with his father over the land described as Schedule-X. It is also admitted that mutation was recorded in favour of defendant No. 1 as heir of Late Prasanta Kumar Das. It is pleaded that as the defendant No. 1 was suffering from serious disease, he had sold the suit property, which was initially sought to be purchased by Bangshi Das, who is the brother of Prasanta Kumar Das, at a cheap rate. The defendant No. 1 did not do so and, as a result, the plaintiffs were instigated by Bangshi Das to file the suits. Accordingly, p