JUDGMENT :

Mir Alfaz Ali, J.

This regular second appeal is by the defendant against the judgment and decree passed by learned Civil Judge, Barpeta in Title Appeal No.11/2008, whereby the learned first appellate court dismissed the appeal and decreed the suit of the plaintiffs concurring with the findings of the learned trial court.

2. The plaintiffs filed a suit (T.S. No. 65/1989) for declaration of right, title, and interest over the suit land and recovery of possession. The case of the plaintiffs was that the suit land measuring 16 Bighas 1 Katha 15 Lechas originally belonged to Mofizuddin @ Mofiz Sk., who died in the year 1981 leaving the plaintiffs and the proforma defendants as his legal heirs. Since Mofizuddin had no issue and his wife also died, the property left by Mofizuddin devolved upon the plaintiffs and the proforma defendants, who are son and daughter of the younger brother of late Mofizuddin. As Mofizuddin had no issue, he kept the defendant No. 1 in his house as servant to cultivate his land. Mofizuddin also gifted 5 Bighas of land to said defendant No. 1 and allowed him to stay in his house with his wife. Defendant No. 2 was also not the daughter of late Mofizuddin. D