ORDER :

Prasanta Kumar Deka, J.

Heard Mr. B. Sarma, learned counsel for the appellants and Mr. K.K. Mahanta, learned Senior Counsel assisted by Mr. B. Deka, learned counsel for the respondent.

2. The present appellants as plaintiffs filed Title Suit No. 87/2006 in the learned court of Munsiff at Jorhat for declaration of right, title and interest over the suit premises described in schedule-B including the shop premises described in schedule-C and for declaration of deeds or agreement or any other documents executed amongst the defendant respondent, late Imarty Devi(mother) and proforma defendant(sister) to which the plaintiff appellant No.1 is not a party as void and legally unenforceable and permanent injunction. Mangilal Modi(Agarwal), Gobind Lal Modi (Agarwal), Panna Lal Modi (Agarwal), Lalchand Modi (Agarwal) and Rameswar Modi (Agarwal) were brothers. The said brothers inherited ancestral property situated at Jorhat and Gaurisagar in the district of Sivasagar. Lalchand and Rameswar opted to shift to Gaurisagar and settled there on the basis of family settlement amongst the brothers leaving aside, Mangilal Modi(Agarwal), Gobind Lal Modi (Agarwal) and Panna Lal Modi (Agarwal) at Jorhat keeping under their possession land measuring 2 kathas 16 lechas with permanent structures described in schedule A of the plaint. During the life time of Mangilal Modi(Agarwal) the schedule A land was divided into three equal shares amongst the brothers Mangilal Modi (Agarwal), Gobind Lal Modi (Agarwal), Panna Lal Modi (Agarwal) situated at Jorhat. On the basis of said arrangement Mangilal Modi (Agarwal) was entitled to 18? lechas out of total A-Schedule land. Mangilal Modi died in the year 1966 leaving behind his wife Imarty Devi, Bangshidhar Modi(Plaintiff No.1) and Premsukh Modi(defendant No.1) both sons and four daughters who were married in between 1961 and 1977. One of the daughters Kaushalya Devi, deserted her husband in the year 1977 and stayed with her mother. Kaushalya was impleaded as the proforma defendant. The suit was filed for the reliefs mentioned hereinabove by Bangshidhar as plaintiff No.1 and his two sons against Prem Sukh @ Premchand Modi, the sole main defendant respondent. Rameswar Lal Modi died issueless and his wife adopted Premsukh @ Premchand Modi, the defendant respondent and as such he moved and started residing at Gaurisagar over the share of his adopted father Rameswar Lal. The plaintiff appellant No. 1 provided maintenance to his sister who deserted her husband and started residing over the backyard of schedule B land which is the share of Mangilal. On the death of Mangilal before adoption of Premsukh the plaintiff appellant No. 1 and the defendant respondent alongwith their mother jointly inherited the schedule B property with all structures. The plaintiff appellant No. 1 and defendant respondent had joint business under the name and style M/s Mangilal Bangshidhar. The ground floor of the house standing over B schedule land was used for the business purpose of plaintiff appellant No. 1 and the defendant respondent and the first floor used as residence of the plaintiff appellant No. 1. On 1.12.1972 the shop premises over the schedule-B land was divided by way of partition between the plaintiff appellant No. 1 and the defendant respondent on the basis of an agreement. The residence of plaintiff appellant No. 1 was left undisturbed who continued his possession with his family.

3. Rameswar Modi died issueless as hereinabove stated and on 5.6.1974, his wife Giniya Devi Modi formally adopted the defendant respondent and there is no dispute to that. The said adoption was carried out by way of registered adoption deed dated 5.6.1974 alongwith performance of religious ceremony. Adoption is valid under the Hindu Adoption and Maintenance Act, 1956. It is pleaded that after the adoption, the defendant respondent under the law divested his right to succeed to his property of natural parents. On 30.7.1974 a tripartite agreement