I.A. Ansari, J.

1. This second appeal has arisen out of the judgment and decree, dated 07.09.2009, passed by the learned Additional District Judge, Kamrup, Guwahati, in Title Appeal No. 11/2005, where by the learned First Appellate Court has allowed the appeal and set aside the decree, granted in Title Suit No. 306 of 2002, whereby the learned Civil Judge (Senior Division) No. 3, Kamrup, Guwahati, as trial Judge, had partly allowed the decree inasmuch as it granted a decree declaring that the suit land is a coparcenery property and the plaintiffs as well as the defendants were coparceners in the suit land, but it declined to grant injunction restraining the defendants from selling the suit land. I have heard Mr. D. Baruah, learned counsel for the plaintiffs-appellant, and Mr. S. Medhi, learned counsel for the defendants-respondents.

2. The case of the plaintiffs may, in brief, be described thus:

(i) The land, mentioned in the schedule to the plaint, which is hereinafter referred to as the suit land, belonged to one Rabiram Sarania, who died leaving behind two sons, namely, Boloram Sarania (since deceased) and Satara Sarania (since deceased). Late Boloram Sarania left behind tw