MIR ALFAZ ALI, J.

1. This second appeal by the defendant, is directed against the judgment and decree dated 08.05.2009 passed by the learned Civil Judge, Nagaon in Title Appeal No. 16/2007 reversing the judgment and decree of the learned Munsiff, Hojai, Sankardev Nagar in Title Suit No. 83/1993.

2. Bhakta Goala (since deceased), father of the respondents, as plaintiff, filed the Title Suit No. 83/1993 alleging that one Sri. Masad Goala, proforma defendant No. 20(ka) was the owner of the suit land. Said Masad Goala by registered Sale Deed No. 3901 dated 22.03.1975 sold the suit land in favour of the plaintiff and delivered position. While the plaintiff was in possession of the suit land, the defendants tried to disposses the plaintiff and thereby clouded the right, title and interest of the plaintiff over the suit land. Hence, the plaintiff filed the suit for declaration of right, title and interest over the suit land and confirmation of possession and/or recovery of possession. During pendency of the suit, the original plaintiff died and his legal representatives were substituted.

3. The pleaded case of the main defendants was that land measuring 60B 2K 3L along with the sui