1. This is plaintiffs' Second Appeal against the judgment and decree dated 23.3.1999 passed by 1st Additional District Judge, Bastar in Civil Appeal No. 3-A/98, affirming the judgment and decree dated 3.8.1998 passed by Civil Judge, Class II, Narayanpur, in Civil Suit No. 6-A/1997, dismissing the plaintiffs' suit.

[For sake of convenience, the parties would be referred hereinafter as per their status before the trial Court]

2. That the plaintiffs filed suit for declaration of their title pleading inter alia that they are title holder of the scheduled suit land situated at village Narayanpur and that they have purchased the suit property from Radho Bai, widow of Shri Bhotka by registered sale deed dated 7.4.1981 and the order passed by the revenue authorities declaring that the said transaction under Section 170-B of the CG Land Revenue Code (for short 'the Code') is null and void as such the transaction entered into between the plaintiffs and Radho Bai, both belonging to aboriginal tribe, the provisions of 170-B of Code is not attracted.

3. The trial Court, by its judgment & decree dated 3.8.1988 while deciding the issue of the jurisdiction as preliminary issue held that civil c