1. This appeal has arisen out of the judgment and decree dated 29.9.2000, passed by the learned Civil Judge (Senior Division) Morigaon, in Title Appeal No. 15 of 1999 affirming the judgment and decree dated 29.6.1996 passed by the learned Munsiff No.1, Marigaon in Title Suit No.56 of 1993.

2. By reason of the impugned judgments and decrees, the plaintiff's suit for right, title and interest and recovery of khas possession in terms of the prayer made in the plaint was decreed. The second appeal before this court was admitted on the following substantial questions or law -

"1. Whether the vendor of the plaintiff had the saleable right over the suit land?

2. Whether the defendant/appellant's right are protected as provided under section 41 of the Transfer of Property Act?

3. Whether the land under the Tribal Belt once can be transferred by registered deed of sale?"

3. I have heard Mr. A.C. Sarma, learned counsel appearing for the appellant and Mr. N. Choudhury, learned counsel appearing for the respondent Nos.1, 2 and 3.

4. In ail fairness to Mr. Sarma, it needs to be placed on record at the very outset that having regard to the materials appearing in the record, he does not press substantial questions of law formulated under point e Nos.1 and 3. Therefore, the instant appeal survives with regard to the substantial question of law formulated under point No.2.

5. The plaintiffs filed the suit praying for declaration of right, title and interest in respect of Schedule-"Ka" and khas possession in respect of Schedule-"Kha" to the plaint Schedule-"Ka" measures 2 Kathas of land out of 3 Bigha, 4 Kathas, 14 Lechas covered by Dag No.557 of Periodic Patta No. 290 of Nakhota grant in Gova Mouza in the erstwhile district of Nagaon. Recovery of Khas possession was also sought for by ejecting the defendants from Schedule-"Ka" which formed an area of land measuring 1 Katha out of Schedule-"Kha" land from where the plaintiffs were dispossessed. Confirmation of possession of the balance 1 Katha of land out of Schedule-"Ka" land, as described in Schedule-"Ga" was also prayed for. Consequently, reliefs in the form of permanent injunction restraining the defendants from causing any hindrance in respect of the plaintiffs' possession also formed part of the prayers in the plaint. The aforesaid suit was filed in the court of the learned Munsiff, Morigaon, wherein the same was registered as Title Suit No.1 of 1987.

6. The plaintiffs stated that the suit land measuring 2 Kathas is the joint family's property of the plaintiffs. The plaint case is that one Mangal Singh Das was the owner in possession in respect of a plot of land measuring 1 Bigha, which formed a part of land measuring 3 Bighas, a 4 Kathas and 14 Lechas of land. The suit land was part of the land forming 1 Bigha of land owned by Mangal Singh. Mangal Singh died leaving behind his wife, Rezia Das and daughter, Durgi Das as his only successors-in-interest. On the death of Mangal Singh Das, names of Rezia and Durgi were mutated in the land records. On the death of Rezia, which was about five years from the time Mangal Singh Das expired, Durgi Das became the sole owner of the properties owned by Mangal Singh. The plaintiffs claim that by the registered sale deed dated 1.6.1979, the land measuring 2 Kathas along with Assam Type houses standing thereon were sold to the plaintiffs by Durgi on consideration amount of Rs.8,000 and possession was also delivered to the plaintiffs. The plaintiffs' craft is that of goldsmith and they started living there in the suit property and some portion was also let out to one Santosh Sarkar. Subsequently, mutation was obtained by the plaintiffs on 29.9.1983 along with others whose name appeared in the patta comprising 3 Bigha, 2 Kathas of land. While they were enjoying peaceful possession of the suit land, it has been averred in the plaint that on 10.5.1984, the principal defendant Nos.1 and 2 along with other principle defendants, forcibly evicted the plaintiffs from the

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