1. This Second Appeal is directed against the concurrent findings of fact arrived at by two Courts below. The learned trial Court decreed Title Suit No.53/1989 declaring jote right of the plaintiff over the suit land and for recovery of khas possession by evicting the defendant No.1. This trial Court judgment and decree dated 05.12.1999 has been upheld by the learned First Appellate Court in Title Appeal No.9/2000 by judgment and decree dated 18.05.2004. These two judgments have been called in question in the present Second Appeal on behalf of the defendants.

2. The aforesaid Title Suit No.53/1989 was instituted by Ingenjao Singha, predecessor of the present respondents, in the Court of learned Civil Judge (Junior Division) No.2, Hailakandi stating that the suit land measuring 5 kathas covered by Dag No.169 of 2nd R.S. Patta No.87 along with other land was held by his father Suro Singha on assertion of jote right under the landlord Narendra Singha. After his death the immoveable property left behind by Suro Singha was amicably partitioned among his three sons, namely, Babu Singha, Indra Kumar Singha and Ingenjao Singha and three daughters relinquished their share in favour of