Mir Alfaz Ali, J.

1. This second appeal is by the plaintiff against the judgment and decree dated 19-06-06 passed by learned Civil Judge (Senior Division) No. 1, Kamrup in TA No. 1/2005, whereby the learned Civil Judge concurring with the finding of the learned Munsiff, dismissed the appeal as well as the suit filed by the plaintiff.

2. The appellant, herein, as plaintiff filed T.S. No. 14/2003 praying for declaration of right, title and other consequential reliefs. The case of the plaintiff was that the plaintiff and defendants were brothers and sons of late Keshav Chandra Lahkar, who died on 14-12-1979. Before his death, Keshav Chandra Lahkar distributed all his properties among his legal heirs, except the property involved in the present suit, being a dwelling house known as "Kirti Bhawan" alongwith land measuring 1 B 1K 5 Lechas covered by Dag No. 1724, 1725, 1434, 1435 and 1436 of NK Patta No. 8 and 5, situated in Rangia town, which remained joint property. The plaintiff and defendant No. 2 were in possession of the suit property. Disputes and differences having arisen between the defendant No. 2 and plaintiff, the suit property was amicably partitioned, in presence of