MT. FATEMA KHATUN AND ORS. Vs. MD. JAINUDDIN, HIS HEIR GOLAPJAN BEWA AND ORS.

JUDGEMENT

(1.) THIS second appeal is by the Defendants The Plaintiff brought the suit out of which this appeal has arisen, for a declaration of title and for recovery of possession of about 7 bighas and odd of laud described in schedules to the plaint. It would appear that the Defendants Nos. 1 to 3 had obtained a decree against one Gani Mamud and in execution of that decree brought his properties to sale and purchased the same. Continuing the execution the Defendants Nos. 1 to 3 took delivery of possession of the land purchased and according to the Plaintiff's case this included some of the lands belonging to the Plaintiff himself The Plaintiff brought the suit, as already pointed out, for a declaration of title and restoration of possession, his application for restoration of possession under Order 21, Rule 100. Code of Civil Procedure having been dismissed by the executing court.

(2.) THE Defendants raised a number of defences and as many as ten issues had been framed in the case. the important ones being the bar by res judicata, limitation and regarding the description and disposition of the land in dispute.

(3.) THE Defendants took up the matter in appeal to the Additional District Judge, who observed as follows: