1. Smt. Sasthi Sarkar, respondent/plaintiff had instituted Title Suit No. 195/1999 before the court of learned Civil Judge (Junior Division) No. 2 Karimganj, with prayer for declaration of land holder's right, title, interest and possession over the Schedule II land and for recovery of khas possession of the same. The said prayer was made on account of the land being purchased by her vide registered Sale Deed No. 1100 dated 7.6.1999 from her father Rasik Lal Namasudra.

2. The appellants/defendants contested the suit by filing written statement together with a counter claim. The case, as set out by the defendants, is that one Behari Paul, who was the original owner of the suit land, had donated 3 pows of land to Rasik Lal Namasudra (father of the plaintiff) and Jitendra Namasudra (husband of the defendant No. 1 and father of the defendant Nos. 2, 3 and 4). According to the defendants, the said 3 pows of land was partitioned among the two brothers and the suit land fell into the share of Jitendra Namasudra and accordingly, said Jitendra Namasudra had become the absolute owner. Having land holder right over the land described in the Schedule I of the plaint, be it mentioned that over t

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