Heard Ms. R. Choudhury, learned counsel for the appellants/defendant. Also heard Mr. M. Dutta, learned counsel for the respondent No.1/plaintiff.

2. This appeal by the defendant is preferred against the judgment and decree dated 15.12.2005 passed by the learned Civil Judge (Sr. Divn.), Barpeta in Title Appeal No.21/2004 dismissing the appeal and upholding the judgment and decree dated 17.05.2004 passed by the learned Civil Judge (Jr. Divn.), No.2, Barpeta in Title Suit No.85/2003, whereby the suit of the plaintiff was decreed.

3. The plaintiff is the only daughter of one late Tomez Ali. It is pleaded that land measuring 1 Bigha 19 ½ Lecha out of 2 Bigha 1 Katha 19 Lecha in Dag No.92 of Patta No.10 of village Soulmari and land measuring 7 Bigha 2 Katha 2 Lecha under Dag No.647 covered by Periodic Patta No.134 of village Barbhita, more fully described in Schedule A and Schedule B, respectively, belonged to Tomez and the plaintiff is the only heir of deceased Tomez. The pleaded case is that the entire land of Schedule A measuring 2 Bigha 2 Katha 19 Lecha was sold by one Abdul Aziz to Magrab Ali and Tomez and after death of Magrab Ali, Fajal Hoque, his heir, who is arrayed as