RAMA KT. BARMAN Vs. MD.MAHIM ALI

JUDGEMENT

(1.) The appellants - original plaintiffs have assailed the Judgment and Decree passed by the High Court of Gauhati in Regular Second Appeal No.74/2006, whereby the High Court had allowed the appeal preferred by the respondents - defendants, holding that the appellants - plaintiffs were not entitled to get the recovery of khas possession of the suit land by evicting the respondents - defendants therefrom.

(2.) The broad facts leading to the present appeal are that the appellants - plaintiffs had filed the Title Suit No.5/2002 in the Court of Civil Judge (Junior Division) No.2, Barpeta seeking declaration with regard to the right, title and interest over the scheduled land and for evicting the respondents - defendants from the suit land in question, as also seeking permanent injunction. The said suit was contested by the respondents - defendants by filing the written statement. From the pleadings of the parties, the Trial Court had framed the following issues: -

(3.) The Trial Court decided the issue Nos.1 and 4 against the defendants and issue Nos.2 and 3 in favour of the plaintiffs, and consequently issue No.5 was also decided in favour of the plaintiffs. Accordingly, the Trial Court vide the Judgment and Decree dtd. 19/5/2004 had decreed the suit of the appellants - plaintiffs.