JUDGMENT :

Heard Mr. S.P. Roy, learned counsel for the appellant. Also heard Mr. R. Ali, learned counsel for the respondents.

2. The appellant Ram Narayan Rajbhor instituted Title Suit No. 76/2006 against the respondents Geeta Ghosh, Ashok Ghosh and Gunu Ghosh where Geeta Ghosh is the wife of Late Ram Prasad Ghosh and Ashok Ghosh and Gunu Ghosh respectively are son and daughter of Late Ram Prasad Ghosh.

3. In paragraphs 3, 4 and 5 respectively of the plaint it is stated as extracted :

“3. That Late Fakaruddin Ali Ahmed (the former president of India) was the absolute owner and possessor of a plot land measuring 5(five) Bighas 4(four) Kathas and 18 (righteen) Lechas of land, covered by K.P. Patta No. 25 Dag No. 20 of village Fatasil Gaon, Mouza-Beltola, situated near the Fatasil Ambari P. S. Later on as per family arrangement, a plot of land measuring 1(one) Katha and 1(one) Lecha had fallen in the share of Late Ahtzamuddin Ali Ahmed (the own brother of Late Fakaruddin Ali Ahmed) out of aforesaid total plot of land of Late Fakaruddin Ali Ahmed.

4. That Late Ahtzamuddin Ali Ahmed vide a Registered Deed of Sale No. 1800/81 dtd. 2.3.81, had sold the said plot of land measuring 1(one) Katha