JUDGMENT :

Dr. A.K. Rath, J.

Defendants 1 and 2 are the appellants against a confirming judgment.

2. Plaintiffs-respondents 1 and 2 instituted the suit to set aside the sale deeds executed by defendant no.3 in favour of defendant no.2 and defendant no.2 in favour of defendant no.1, declaration of title, confirmation of possession, recovery of possession in case of dispossession and permanent injunction. Case of the plaintiffs was that suit land measuring Ac.0.03 dec. appertaining to Khata No.481, Plot No.3715 is a part of their ancestral homestead. The same has been recorded in the name of their grandfather Nisha Nath. After death of their grandfather, their father Chadhei, the plaintiffs and defendant no.3 (mother) became the owners in possession of the suit land. Due to disturbance in the family, defendant no.2 approached defendant no.3 to stay in her house for some time. Defendant no.2 stayed with her family. Subsequently defendant no.2 vacated the suit land in the year 1987. While the matter stood thus, defendant no.1 trespassed into the suit land and threatened to dispossess them and defendant no.3. They ascertained that defendant no.2 had fraudulently obtained a sale deed in the