JUDGMENT :

D. DASH, J.

1. The Appellants, by filing this Appeal, under Section-100 of the Code of Civil Procedure, 1908 (for short ‘the Code’) have assailed the judgment and decree dated 05.08.2005 and 20.08.2005 respectively passed by the learned District Judge, Cuttack in R.F.A. No. 114 of 2003.

By the same, the Appeal filed by the present Appellants, being the unsuccessful Plaintiffs before the Trial Court under section 96 of the Code has been dismissed and thereby the judgment and decree dated 28.08.2003 and 19.02.2003 respectively passed by the learned Civil Judge, Junior Division, 1st Court, Cuttack in T.S. No. 471 of 2001, have been confirmed.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.

3. The Plaintiffs’ case is that one Gopaljew Thakur was the owner of Schedule-A property. The Marfatdar Harekrushna Das, who happens to be the father of Defendant No. 2 and grandfather of Defendant No. 1, had executed registered sale deed dated 29.05.1970 in favour of Defendant No. 1 then a minor represented by his father guardian (Defendant No. 2). Subsequently, the