Mir Alfaz Ali, J.

This second appeal is filed challenging the judgment and decree dated 31.03.2009 passed by the learned Civil Judge No.1, Cachar at Silchar in Title Appeal No.4/2008, whereby learned Appellate Court reversed the judgment and decree passed by the learned Munsiff No.1 in Title Suit No.113/2006 and dismissed the suit of the plaintiff/appellant.

2. Facts leading to the present second appeal may be stated as follows :- Gopendra Bhusan Chakraborty, the predecessors of the present appellant filed a suit being Title Suit No.113/2006 (48/2004) against the respondent Gopal Nandan Goswami and Gita Rani Namasudra for declaration of right title and interest, recovery of khas possession, permanent injunction and other reliefs. During pendency of the suit Gopendra Bhusan Chakraborty died and his legal heirs were brought on record. The defendant Nos.3, 4 and 5 were also subsequently impleaded as proforma defendants by way of amendment. The case of the plaintiff was that Prakriti Rani Chakraborty wife of late Gopendra Bhusan Chakraborty was the owner of the land measuring 3 Katha 8 Chataks covered by Second RS. Patta No.163 and Dag No.713/724. Pinaki Chakraborty died in the