ON DEATH OF AJIT BANDHU BHATTACHARJEE HIS LEGAL HEIRS ABHIJIT BHATTACHARJEE Vs. ON DEATH OF NIMAI CHANDRA BHATTACHARJEE HIS LEGAL HEIRS
HIGH COURT OF GAUHATI
ON DEATH OF AJIT BANDHU BHATTACHARJEE HIS LEGAL HEIRS ABHIJIT BHATTACHARJEE; ON DEATH OF APPELLANT SUSHIL BANDHU BHATTACHARJEE SUKANTA BHATACHARJEE; ANIL BANDHU BHATTACHARJEE
ON DEATH OF NIMAI CHANDRA BHATTACHARJEE HIS LEGAL HEIRS; RAMPRASAD BHATTACHARJEE; BABLOO BHATTACHARJEE; HABLOO BHATTACHARJEE; BANI ACHARJEE DAU; IYTI BHATTACHARJEE DAU
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Suman Shyam, J. -
(1.) Heard Mr. S.K. Ghosh, learned counsel for the appellant. I have also heard Mr. D. Mazumder, learned Sr. counsel appearing on behalf of the respondents.
(2.) This second appeal is directed against the judgment and decree dated 11-05-2007 passed by the court of Civil Judge, Dhubri in Title Appeal No. 06/2004 dismissing the appeal filed by the appellants and affirming the judgment and decree dated 24-12-2003 passed by the court of Civil Judge (Jr. Div.) No. 1, Dhubri in Title Suit No. 27/1998 dismissing the suit of the appellants/ plaintiffs. The second appeal was admitted to final hearing by framing the following substantial questions of law:
"Whether the learned Courts below erred in law in dismissing the suit of the appellants/ plaintiffs holding the respondent/ defendant to be a non-evictable occupancy tenant under them?"
(3.) The plaintiffs case, as projected in the plaint, is that they are the owners of a homestead land measuring 1B-3K-19L covered by Dag No. 361 of Khatian No. 283, of village- Mancachar Part- I under Mancachar Circle, which land has been described in Schedule-A to the plaint. According to the plaintiffs, taking advantage of their absence, the defendant had illegally entered into the Schedule-A land and dispossessed the plaintiffs there-from in the early part of April, 1997. The portion of land in respect of which, the plaintiffs have been dispossessed, has been described in Schedule-B to the plaint which land forms part of Schedule-A land. On the basis of such allegation, the plaintiffs had instituted Title Suit No. 27/1998 with a prayer for declaration of their right, title and interest over the B-Schedule land and also for recovery of khas possession of the said land by evicting the defendant.;
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