1. Heard Mr. N. Alam, learned counsel for the appellant. Also heard Mr. N. Dutta, learned senior counsel, assisted by Mr. M.H. Mazarbhuiyan, learned counsel for the respondents.

2. This appeal under Section 96 CPC is directed against the judgment and decree dated 18.09.2007 passed by the Civil Judge (Senior Division) No. 3, Kamrup, Guwahati in T.S. No. 324/2003, thereby decreeing the suit with cost and dismissing the counter claim.

3. It would pertinent to mention that one Md. Sharif Ali, son of Late Fulsha Sk. was arrayed as defendant No. 3 in the suit. However, the said defendant No. 3 has not been arrayed as a party in this appeal. Therefore, reference to the appellants in reference to the suit would deem to include the defendant No. 3, but reference to the appellants in this appeal would only include the appellants and not the defendant No. 3.

4. As per the plaint, the case of the respondents as plaintiffs, in brief, is that their mother Late Gulijan Musalmani (name is found to be spelt differently at various places in pleadings, evidence and judgment) was the original owner of a plot of land measuring 1 katha-16 lechas (land measurement of “Bigha, Katha and le