I.A. Ansari, J.

1. The opposite party herein, as Plaintiffs, instituted Title Suit Page void and that the boundary given in the registered sale deed No. 713 is incorrect and the same is not in respect of the land of Schedule-B and that the decree, obtained, in Title Suit No. 12/2003, by the principal Defendant Nos. 1 and 2, is a decree obtained by fraud and the same is not binding in respect of one bigha of the land of Schedule B to the plaint, the case of the Plaintiffs-opposite party herein being as under:

Late Bangshidhar Deori, father of the Plaintiffs and the principal Defendant Nos. 3 to 7 was the original pattadar of the suit land measuring 35 bighas 2 kathas and 4 lechas. While the suit land was covered by annual patta bearing No. 58(New) and 55(Old) and the same contains six bighas. Later on, the entire land of the said annual patta was converted into a periodic patta land being No. 111 in the name of the principal Defendants No. 3 to 7 alone on payment of the premium. On payment of the premium, the dag numbers of the annual patta were changed and also some adjacent dags were joined into one dag. The new dags being 45 containing an area of 27 bighas 1 kathas and 7 lechas, the dag No. 75 containing an area of 3 bighas 3 kathas and 11 lechas and also the dag No. 213 containing an area of 27 bighas 1 kathas and 7 lechas were allotted. Thereafter, the principal Defendants No. 3 to 7, who are legal heirs of late Bangshidhar Deori sold out a plot of land measuring 14 bighas out of 27 bighas 1 katha and 7 lechas covered by dag No. 213 of periodic patta No. 111 of the principal Defendant No. 1 by executing a sale deed being No. 713/2000. Thereafter, principal Defendant Nos. 3 to 7 again sold a plot of land measuring 13 bighas 1 katha and 7 lechas covered by dag No. 213 to the principal Defendant No. 2, Smti Madhubala Das, by executing a sale deed No. 720 dated 09.10.2000 without having possession upon the entire land. The principal Defendant No. 2 purchased the same, but failed to take possession upon the purchased plot of land as the same has been under the possession of the Plaintiffs on receiving a share portion of their father's property. The Plaintiffs also contended that the landed properties were equally partitioned amongst the legal heir of the original pattadar, namely, late Bangshidhar Deori, and accordingly the Plaintiffs have been cultivating their shared portion of land on Adhi basis. Schedule A to the plaint contains the plot of land measuring 27 bighas 1 katha and 7 lechas covered by dag No. 213 of Periodic Patta No. 11 and Schedule B contains the plot of land measuring 10 bighas 1 katha and 2 lechas, which is a part of the Schedule-A and Schedule-C describes the two registered sale deed being No. 720 dated 09.10.2000 and 713 dated 30.09.2000. On 01.11.2007, the Plaintiffs came to know that the Defendants No. 1 and 2 tried to dispossess their Adhiers, i.e., the proforma Defendant Nos. 1 to 7 from Schedule B land on the basis of two sale deeds, namely, sale deed No. 713/2000 and sale deed No. 720/2000. The Plaintiffs accordingly instituted a Title Suit, which gave rise to Title Suit No. 04/2008 for determination of their rights, title and interest and confirmation of possession. With the help of the said suit, the Plaintiffs further prayed for declaration in respect of the two sale deeds mentioned in Schedule C as null and void.

2. The Defendant Nos. 1 and 2 filed a joint written statement, their case being that of denial, the denial being to the effect that the Plaintiffs are not legal heirs of late Bangshi Dhar Deori and that the Plaintiffs are not entitled to claim any right over the suit land by way of inheritance or by way of succession, the Defendant Nos. 1 and 2 are bona fide purchasers by virtue of the said two sale deeds, namely, sale deed No. 713, dated 30.09.2009, and sale deed No. 720, dated 09.10.2000. Their names stand mutated on 20.12.2000 in respect of the said land and the land records have