This appeal is from the decree of the Additional District Judge, Gauhati passed in Title Appeal No. 9 of 1978 affirming the decree of the Assistant District Judge (2) Gauhati passed in Title Suit No. l of 1976 (10 of 1972).

2. Facts, - The plaintiff Jibeswar filed the suit for declaration of title and possession of the suit land described in Schedule - B to the plaint. The suit land is part of the land description of which is given in Schedule-A to the plaint. The land described in Schedule-A originally belonged to Ahina Mikir (defendant -2). Ahina Mikir sold the land described in Schedule A to Gulam Ambia (defendant-3) under two different sale deeds dated 26.9.61 and 30.1.64. There­after, out of the land described in Schedule A, Golam Ambia sold a portion of it to Jogendra Nath Kakati (defendant -4) and Upendra Nath Kakati (defendant -5) under registered deed dated 7.2.64 and as regards the remaining portion of it viz, suit land, under an agreement between plaintiff Jibeswar and Gulam Ambia to sell the suit land to the plaintiff the plaintiff took possession of the suit land and Golam Ambia executed two sale deeds dated 1.5.67 and 1.11.71. But, on 15.12.63 Kosheswar Borah (defendin

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