1. This Second Appeal is directed against the judgment and decree dated 06.06.2006 passed by the learned Civil Judge (Senior Division), Nalbari in Title Appeal No.2/2005 reversing the judgment and decree passed by the learned Civil Judge (Junior Division) No.1, Nalbari in Title Suit No.51/1996 decreeing the suit filed by the appellants / plaintiffs.

2. The case of the appellants / plaintiffs in brief is that the plaintiffs are the owners in possession of the suit land described in Schedule - 'Ka' to the plaint as well as other properties, all of which are their ancestral properties. The defendant No.1 is a person of litigious nature and therefore, he has brought several proceedings against the plaintiffs including Title Suit No.37/1995 whereby the said defendant No.1 had claimed the suit land described in the schedule to the plaint. It is alleged that the defendant had managed to get mutation of his name in respect of some of the lands belonging to the plaintiffs behind their back. It was only on 05.06.1996 that the defendant had stated in his evidence, in connection with Title Suit No.37/1995, that he had purchased the suit land from the plaintiffs and therefore got his name mutate