S. Shamsul Hasan, J.

1. The appellants are the plaintiffs in Title Suit No.135 of 1985, filed against the decree holder (who is defendant no.1 Respondent no.1 here) of Title Appeal No.77 of 1980 arising out of Title Suit No.86 of 1978 in which suit the appellants were not a party. The appeal arises out of an order passed by the trial Court refusing to injunct the Respondent from proceeding to execute the decree obtained by them in the latter suit.

2. The relevant facts are in a very short compass. The appellants, who are transferees from the widow of Brahamdeo Choudhary and his coparceners, base their claim on a deed of the year 1929 by which the ancestors of the respondents are said to have conveyed the property in dispute to the vendors of the appellants. The former suit was filed by the respondent Babulal Sah against Khadi gram Udhyog whom he claimed to be his tenant and succeeded In obtaining a decree for eviction in which the tenant assailed the title of the plaintiffs but failed. The appellants, case is that the plantiff of the former suit had no right, title or interest in the property in dispute since their ancestors transferred the same in the year 1929 to the ance