Prasanta Kumar Deka, J.

1. Heard Ms. B. Devi, learned counsel appearing for the appellants/defendants and Mr. SK Ghosh, learned counsel, appearing for the respondents/plaintiffs. The present appellants are the defendants in T.S. No. 9/2003 in the court of the learned Civil Judge (Junior Division), No. 1, Hailakandi, which was filed by the present plaintiffs/respondents. The case of the plaintiffs/respondents is that the plaintiffs and the proforma defendant No. 111 in T.S. No. 9/03 instituted T.S. No. 97/1970 in the court of the learned Munsiff, Hailakandi against the present defendants/appellants with a prayer for declaration of the right, title and interest and khas possession in respect of the suit land in dispute in T.S. No. 9/2003. During the pendency of the suit the proforma defendant No. 111 sold out his share of interest to the plaintiff/respondent Nos. 1 and 2. The said T.S. No. 97/1970 was decreed by the learned trial court and on appeal the said decree was confirmed by the first appellate court. Second Appeal No. 110/78 was preferred before this court wherein the judgment and decree passed by the trial court in T.S. No. 97/70 and affirmed by the first appellate