GUWAHATI, India, April 19 -- Gauhati High Court issued the following order on March 19:

1. Heard Mr. O. P. Bhati, learned counsel appearing for the appellants. Also heard Mr. A. C. Sarma, learned Senior Counsel assisted by Mr. G. Bharadwaj, learned counsel and Mr. S. Barman, learned counsel, appearing for the respondent.

2. Factual Matrix

2.1. The appellants, as plaintiffs, instituted Title Suit No. 14/2004 before the Civil Judge (Sr. Div.) Nalbari (hereinafter referred to as the "trial court"), seeking declaration that Sale Deed No. 1907/2002 dated 12.08.2002 is forged, fraudulent and collusive, along with consequential reliefs including cancellation of mutation.

2.2. The defendants contested the suit by filing written statements. Upon trial, the learned trial court decreed the suit in favour of the plaintiffs.

2.3. Aggrieved thereby, the respondent No. 1 preferred Title Appeal No. 15/2007 before the District Judge, Nalbari, (hereinafter referred to as the "first appellate court"). The learned first appellate court, being the final court of facts, re-appreciated the evidence and reversed the findings of the trial court.

3. Issues Framed by the Trial Court

3.1 The learned trial court framed the following issues:

"1. Whether the Suit is maintainable in the present form?

2. Whether there is any cause of action for the Suit?

3. Whether the Suit is barred by limitation?

4. Whether the Suit is bad for non-joinder of necessary parties?

5. Whether the Suit is bad for mis-joinder of parties?

6. Whether the Deed of Sale is liable to be cancelled?

7. Whether the Plaintiff is entitled to get a declaration about the title by issuing precept to Sub-Registrar, Nalbari for cancellation of the Deed of Sale in the concerned Register book?

8. Whether the Plaintiff is entitled to get a declaration for cancellation of the mutation of Defendant No. 1 over the D/L?

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oo%2BtRJJeFk03ErxBsOJjIIvaWqwetlTaYWGF%2FWrLDzoAWS7pA081PWxI9GUuVm7c&caseno=RSA/241/2010&cCode=1&cino=GAHC010007922010&state_code=6&appFlag=)

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