JUDGMENT :

Heard Ms. R. Choudhury, learned counsel for the appellant. Also heard Mr. F. H. Laskar, learned counsel for the respondents.

2. The present second appeal, under Section 100 of the Code of Civil Procedure, is preferred against the judgment and decree dated 02.06.2011, passed by the learned Civil Judge, Barpeta, in Title Appeal No. 26/2010, dismissing the appeal and upholding the judgment and decree, dated 21.04.2010, passed by the learned Munsiff No. 1, Barpeta, in Title Suit No. 244/2008.

3. The brief facts of the case is that the present appellant, as plaintiff, instituted a suit, being Title Suit No. 244/2008, before the Court of learned Munsiff No. 1, Barpeta, for declaration of right, title, interest and khas possession along with partition. The plaintiff’s case was that the Schedule ‘A’ land of the plaint originally stands in the name of plaintiff, defendant No. 2 and pro-forma defendants. Out of the said Schedule ‘A’ land, the plaintiff purchased 2K 10L of land, which is specifically described in Schelue ‘C’ of the plaint from the pattadar- Ramjan Ali by a registered sale deed, dated 20.05.2006, and took the possession by demarcating the boundaries through the revenu