Rumi Kumari Phukan, J.

1. Heard Mr. B. Banerjee, learned counsel for the appellants. Also heard Mr. P.P. Baruah, learned counsel for the Respondents. This is an appeal under Order 41 Rule 1 of the Code of Civil Procedure, 1908, against the judgment & decree dated 31.03.2005 passed by the learned District Judge, Dhemaji, in Title Suit No. 13/98.

2. The brief facts of the case, is that the appellants as plaintiff instituted a Title Suit, mentioned above, before the Court of learned District Judge, against the respondents defendants originally praying for a decree of ejectment of the defendant No. 1 who was a tenant in respect of the house, let out by the plaintiff/appellant to the said defendants/respondents and also to declare right, title, interest over the suit land, with a further prayer for declaration of Sale Deed dated 24.04.1967, as void, illegal and for its cancellation, which was allegedly made in favour of the Respondents No. 2 and 3. The father of the appellants, late Mahendra Nath Dihingia, was the owner of a plot of total land measuring 3 Bighas 4 Kathas 2 lechas under periodic Patta No. 42 Dag No. 180 and under periodic patta No. 43, dag No. 182 of Block No. 2