ORDER :

Prasanta Kumar Deka, J.

1. Heard Mr. N.N. Jha, the learned counsel for the petitioners. Also heard Mr. M.K. Choudhury, learned Senior Counsel assisted by Ms. N. Ahmed, learned counsel appearing for the respondents.

2. This revision petition is against the order dated 3.9.2014 passed in Title Suit No. 157/2007 by the learned Civil Judge, No. 3, Kamrup(M) at Guwahati. Title Suit No. 157/2007 was filed by one Md. Safiqul Islam, son of late Tanu Miah @ Islam against the present defendants respondents. The original respondent No. 1, Lakheswar Deka died during pendency of the revision petition and his legal heirs were substituted duly. The respondent Nos. 2 to 5 purportedly sold land measuring 2 kathas to the original respondent Lakheswar Deka by way of a registered sale deed way back on 27.2.1964. The respondent Nos. 2 to 5 instituted Title Suit No. 31/1964 in respect of said land measuring 2 kathas seeking for a declaration in the then court of learned Sub-Judge at Guwahati that except them no other persons had title and possession over the suit land. The suit was transferred to learned Munsiff No. 1 at Guwahati and the same was renumbered as Title Suit No. 205/1967 which was dismissed on 16.11.1967. The respondent No. 1 Lakheswar Deka instituted Title Suit No. 21/1974 in respect of the same land claiming his right, title and interest over the suit land against the said respondent Nos. 2 to 5 as the defendants. The suit was decreed in favour of Lakheswar Deka. On the basis of the said decree, Execution Case No. 5/1998 was initiated in the then court of learned Civil Judge (Jr. Divn) No. 1, Guwahati. On the basis of execution, the plaintiff Safiqul Islam who was possessing a portion of the said land measuring 2 kathas was evicted after demolishing the standing structures including the house standing thereon and possession was delivered to said Lakheswar Deka. Pleading that the earlier suits were filed behind the back of Safiqul Islam though he is one of the legal heirs of late Tanu Miah and his mother having inherited a portion of the said land measuring 2 kathas from her father, Safiqul Islam the plaintiff in Title Suit No. 157/2007 sought for reliefs mentioned hereinbelow:

"(a) a decree may be passed declaring that the plaintiff has right, title, interest over the suit land described in the Schedule-'A' hereinbelow.

(b) a decree may be passed declaring that the sale deed described in the schedule-'B' hereinbelow executed by the defendant Nos. 2 to 5 in favour of the defendant No. 1 being deed No. 1301/64 dated 27.2.64 cannot effect the right, title, interest and possession of the plaintiff and other heirs of late Tahiran Nessa in the suit and the same is fraudulent and not binding upon the plaintiff.

(c) a decree may be passed declaring that the judgment and decree dated 14.5.86 passed by the Asstt. District Judge, No. 1 at Guwahati in Title Suit No. 21/74 and the judgment and decree dated 23.12.97 passed in Title Suit o. 312/96 by the Civil Judge(Jr. Divn) No. 1 at Guwahati are void and not binding upon the plaintiff.

(d) a decree may be passed for permanent injunction restraining the defendant No. 1 from, executing the decree dated 23.12.97 passed in T.S. No. 312/96 by the Civil Judge(Jr. Divn) No. 1 at Guwahati and from entering into the suit land evicting the plaintiff from the same.

(e) a decree may be passed for issuance of decree/order to the sub-Registrar, Guwahati for cancellation of the sale deed described in Schedule-'B' hereinbelow executed by the defendant Nos. 2 to 5 in favour of the defendant No. 1.

(f) a decree may be passed for all costs and incidentals of the suit.

(g) a decree may be passed for any other relief or reliefs which are entitled to the plaintiff under the law and equity."

3. In Title Suit No. 157/2007 the respondent No. 1 filed his written statement admitting that the said Safiqul Islam is one of the legal heirs of Tanu Miah including two other sons namely Nurul Islam and Tazul Islam. The said written