JUDGMENT :

Mir Alfaz Ali, J.

1. This second appeal by the defendant is preferred against the judgment and decree passed by the learned Civil Judge, Nagaon in Title Appeal No. 10/2009, whereby the learned Civil Jude by reversing the judgment and decree passed by the learned Munsiff in T.S. No. 50/2005, decreed the suit of the plaintiff.

2. The respondent, as plaintiff filed the TS No. 50/2005 for declaration of his share in the ancestral property, partition and separate possession. The case of the plaintiff was that Patta No. 135 originally stood in the name of Podo, Akan and Hareswar and the Patta No. 452 & 456 stood in the name of Santiram, Podo, Akan and Hareswar and all the pattadars have equal share in the land of the aforementioned pattas. The suit land described in Schedule-A of the plaint being land measuring 4B IK 12L of Parta No. 135 (New) 119(01d), land measuring 2B 15L of Patta No. 456 and land measuring 4K17L of Patta No. 452 (New) 261 (Old) fell in the share of Akan, the predecessor in interest of the plaintiff and defendant. The land described in Schedule-B consists of the half of Schedule-A land. The pleaded case of the plaintiff was that the defendant Cheniram Bora and