ON DEATH OF AJIT BANDHU BHATTACHARJEE HIS LEGAL HEIRS ABHIJIT BHATTACHARJEE Vs. ON DEATH OF NIMAI CHANDRA BHATTACHARJEE HIS LEGAL HEIRS
LAWS(GAU)-2018-8-41
HIGH COURT OF GAUHATI
Decided on August 16,2018

ON DEATH OF AJIT BANDHU BHATTACHARJEE HIS LEGAL HEIRS ABHIJIT BHATTACHARJEE; ON DEATH OF APPELLANT SUSHIL BANDHU BHATTACHARJEE SUKANTA BHATACHARJEE; ANIL BANDHU BHATTACHARJEE Appellant
VERSUS
ON DEATH OF NIMAI CHANDRA BHATTACHARJEE HIS LEGAL HEIRS; RAMPRASAD BHATTACHARJEE; BABLOO BHATTACHARJEE; HABLOO BHATTACHARJEE; BANI ACHARJEE DAU; IYTI BHATTACHARJEE DAU Respondents

JUDGEMENT

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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