JUDGMENT :

Suman Shyam, J.

Heard Mr. A.C. Sarma, learned Sr. counsel appearing for the appellants. Also heard Mr. H. Das, learned counsel representing respondent Nos. 1, 2 and 3. None has appeared for the respondent No. 4.

2. This second appeal has been preferred against the concurrent judgment and decree dated 29-11-2012 passed by the learned District Judge, Goalpara in Title Appeal No. 01/2011 affirming the decree dated 06-10-2010 passed by the learned Civil Judge, Goalpara in Title Suit No. 09/2007.

3. The suit was jointly instituted by the respondent Nos. 1, 2 and 3 as plaintiffs. The plaintiff No. 1, viz. Dhanu Bhanga Anchalik Unnayan Samity is an unregistered society and the plaintiff Nos. 2 and 3 are the president and the secretary, respectively, of the said society. The suit of the plaintiffs was for declaration of right, title and interest of the plaintiff No. 1 over a plot of land measuring 1 katha covered by Patta No. 508 (new)/521 (old) of P.P. No. 234 situated under village Madang Part- 2, Rangjuli Circle, P.S. Dhupdhara in the district of Goalpara. According to the plaintiffs, the suit land originally belonged to the proforma defendant/respondent No. 4 herein who had gift