Heard Mr.D.Choudhury learned counsel appearing for the appellants and Mr.M.H.Ansari learned counsel appearing for the respondents.

2. The present appellant is the defendant No. 2 in Title Suit No. 70/2005 preferred by the respondents No.1 & 2 as plaintiffs for declaration, partition initially by way of preliminary decree and thereafter drawal of final decree for partition. The present respondents No.1 & 2 being the plaintiffs filed the suit against their mother Nasima Ahmed(defendant No. 1) who is the proforma respondent No.3 herein this appeal. The present defendant appellant who is the sister-in-law i.e. wife of the deceased brother Asraf Ahmed of the plaintiffs respondents is impleaded as the defendant No.2.The third defendant who is the respondent No.4, Rumana Begum was impleaded as proforma defendant No. 3 in the suit who purchased a 12 feet x 14 feet RCC room over the suit land. One Eusuf Ahmed was actual owner of a plot of land measuring 2 kathas 12 lechas covered by dag Nos. 4731/5130 of K.P.Patta No. 35(new) Block No. 2 Jorhat Town in the district of Jorhat. Over the suit land, the nature of structures standing are described in the schedule-B of the plaint and the