This appeal by the plaintiffs, is directed against the judgment and decree dated 07.06.2000 passed by the learned Civil Judge (Sr. Division), Darrang. in Title Appeal No. 5/1998, allowing the appeal preferred by the present respondents/defendants by setting aside the judgment and decree dated 28.01.1998 passed by the learned Civil Judge (Jr. Division) No. 2, Mangaldoi, Darrang. in Title Suit No. 55/1981, whereby and whefeunder, the suit of the plaintiffs was decreed.

2. The plaintiffs/appellants instituted the Title Suit No. 55/1981 in the Court of the learned Civil Judge (Jr. Division) No. 2, praying for a decree for declaration of right. title, interest and confirmation of possession as well as for declaration that a gift deed dated 14.10.1980 allegedly executed by Haji Eba Sheikh in favour of the respondents/defendants is fraudulent, void and inoperative, contending inter alia that out of 21 bighas 15 lechas of land belonging to Haji Eba Sheikh, the grand-father of the plaintiff Nos. 1,2 and 3,15 bighas 15 lechas of land in different Dags in Patta Nos. 19 (old) and 13 (new) of village-Ghopeli, Mouja - Dipila, in the District -Darrang. was sold by him to the plaintiff Nos. 1,2 and 3 by a registered deed of sale dated 26.07.1976 (Ext. -1), which land was kept by him after giving respective shares to other sons, namely, the defendants. According to the plaintiffs, they were put in the possession of the land after such sale. It is also the case of the plaintiffs that the defendant Nos. 1 and 2 by strength of a gift deed dated 14.10.1980 (Ext.- Ka) allegedly executed by Haji Eba Sheikh, their father, is claiming the right, title and interest over the land and on 03.01.1981 tried to disposses the plaintiffs from the land, however, without any success. It is also the pleaded case of the plaintiffs that though an order of status quo was passed by the High Court in the revision petition filed, arising out of an application filed under Order 39, Rules 1 and 2 of the Code of Civil Procedure, as the defendants dispossessed them after passing of such order, an application under Section 145 CrPC was filed apprehending breach of peace, wherein an order of attachment under Section 146 CrPC was passed by the learned Executive Magistrate, who consequently vide order dated 30.04.1986 passed in Misc. Case No. 392/1982 declared the possession of the disputed land in favour of the plaintiffs and accordingly the plaintiffs were put back into possession. The plaintiffs, therefore, filed the suit praying for the decree as aforesaid. The plaintiffs, however, afterwards filed an application under Order 6, Rule 17 of the CPC for amendment of the prayer in the plaint to the effect that in case the plaintiffs are not found to be in possession then the decree for recovery of khash possession is to be passed. Such prayer for amendment was allowed.

3. The defendants on receipt of the summons entered appearance and contested the suit by filing joint written statement, denying the execution of the sale deed by Haji Eba Sheikh on 26.07.1976 and also the delivery of possession, with the further pleadings that the land measuring 16 bighas, which includes the suit land was transferred by Haji Eba Sheikh, the original owner of the 'and. to them by a registered deed of gift dated 14.10.1980 (Ext.- Ka) and also delivered the possession and as such they are in possession. The defendants have also filed the counter claim for declaring the order dated 30.04.1986 passed in Misc. Case No. 392/1982 by the learned Executive Magistrate, declaring the possession of the suit land in favour of the plaintiffs, as fraudulent and void.

4. The learned Trial Court on the basis of the pleadings of the parties, framed the following issues for consideration and decisions:-

1) Whether the plaintiffs have got any cause of action for the suit?

2) Whether the suit properly valued?

3) Whether the suit can run in its present form?

4) Whether the defendant No. 3 sold out the suit