P.G. Agarwal, J.

1. The appellants/plaintiffs instituted Title Suit No. 58/89 and the said suit was dismissed by the trial court, whereupon the appellants preferred Title Appeal No. 29/96 before the Civil Judge, (Senior Division) but no relief was granted and hence the present appeal. Title Suit No. 58/89 was in respect of 3 bighas of land out of 7 bighas 1, kathas 13, lechas of land situated at village Jahorpum under Ghilazari mouza and covered by Dag No. 595 and KP patta No. 142 (hereinafter referred to as the suit land).

2. The case of the plaintiff is that one Md. Munir Uddin Munsi was the original owner of the land, and sold 5 bighas of land to one Bhagawan Das and the said Bhagawan Das sold the suit land measuring 3 bighas to the father of the plaintiff namely Daulat Khan by registered sale deed No. 7286 of 1978. The plaintiffs obtained mutation over the suit land but subsequently it was cancelled. The plaintiffs thereafter filed the suit for declaration of right, title and confirmation of possession and also for issuance of precept for mutation.

3. The respondents/defendants contested the suit raising the usual pleas. The defendants denied the alleged sale in favour of