DWIPEN SAIKIA AND ORS. Vs. JITUMONI SAIKIA

JUDGEMENT

(1.) Heard Mr. K. Bhattacharjee, the learned counsel appearing for the petitioners who are the defendants in the Title Suit No.242/2007, pending in the file of the learned Munsiff No.3, Guwahati. None is available to represent the respondent/plaintiff.

(2.) The respondent/plaintiff claiming to be the wife of Sachindra Nath Saikia, sought a decoration to 1/4th share of the suit land owned by the original predecessor Late Kirti Ram Saikia. The pattadar left behind four sons of which Sachindra Nath Saikia was the 3rd son and since the widow was deprived of her share of the family property at village North Guwahati in Sila Sindurighopa Mouza of Kamrup District, declaratory/corrective relief was sought by the plaintiff in the Title Suit No.242/2007.

(3.) In their joint Written Statement (W.S.), the defendant Nos.1 8 on the other hand claimed that their brother/uncle Sachindra Nath Saikia was never married to the plaintiff and therefore her claim to the family property was repudiated by the defendants.