JUDGMENT :

Heard Mr. D.K. Das, learned counsel representing the appellants as well as Md. M.H. Choudhury, learned counsel appearing for the respondents.

2. This is a Regular Second Appeal under Section 100 of the Code of Civil Procedure (CPC) whereby the judgment dated 16.01.2009 passed by the court of learned Civil Judge, Morigaon in Title Appeal No.13/2008, affirming the judgment and decree dated 08.08.2008 passed by the court of learned Munsiff No.1, Morigaon in Title Suit No.06/06, is under challenge.

3. Late Girindra Saha was the owner of 3 plots of lands, each measuring 2 Bigha 2 Kathas 12 Lechas covered by Dag No.571; 4 Bighas 1 Katha 8 Lechas covered by Dag No.687 and 1 Bigha 2 Kathas 8 Lechas covered by Dag No.570.

4. During his lifetime, late Girindra Saha sold the entire 4 Bighas 1 Katha 8 Lechas covered by Dag No.687 to two persons namely, Haridas Routh and Khagendra Kumar Dey.

5. In the year 1995, Girindra Saha expired leaving behind his four daughters, namely-Gita Rani Saha, Maya Rani Saha, Chaya Rani Saha and Bina Rani Saha. Girindra Saha did not have any son.

6. After the death of Girindra Saha, his daughters Gita Rani Saha, Maya Rani Saha, Chaya Rani Saha and Bina Rani S