AZIR UDDIN Vs. BASIR UDDIN AND ORS

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel, appearing for the appellant/defendant No. 2. Also heard Mr. H.R.A. Choudhury, learned Senior counsel, assisted by Ms. R. Choudhury, learned counsel, appearing for the respondents/plaintiffs.

(2.) This appeal is preferred against the judgment and decree dated 13.05.2004, passed by the learned Civil Judge, Senior Division, Karimganj, in Title Appeal No. 70/2000 allowing the appeal and setting aside the judgment and decree dated 28.06.2002 passed by the learned Civil Judge, Junior Division No. 1, Karimganj, in Title Suit No. 20/94, by which the suit of the plaintiffs was dismissed.

(3.) The plaintiffs filed the suit for right, title, interest and confirmation of possession over 2/6th share each of the plaintiff No. 1 and defendant No. 1, and 1/6th share each of plaintiff Nos. 2 and 3 and for confirmation of possession; for cancellation of the sale deed dated 07.08.93, executed in favour of defendant No. 2 by the defendant No. 1 and registered on 08.10.93; for declaration of the said sale deed as void; for permanent injunction restraining the defendants from alienating the suit land etc.; for granting mutation in the name of the plaintiffs along with defendant No. 1 in place of Abdul Mazid over the suit land in the settlement record, etc. The suit land measures 10 Chattak in Dag No. 307 and 308 covered by new Patta No. 83 (earlier Dag No. 190/191 of Khatian No. 155).