ARIF MONDAL Vs. RATNAKAR

JUDGEMENT

(1.) Today the learned Advocate for the appellants has completed his submissions. The learned Advocate for the contesting respondents has made his submissions and completed the same.

(2.) This Court now proceeds to pass the following judgement:

(3.) The aforesaid suit came up for final hearing and the learned Trial Court by its judgement and decree dated 29.3.1993 decreed the said suit by declaring the plaintiffs' title in the suit property and the plaintiffs' possession in the suit property was confirmed. The defendants were permanently restrained from disturbing the plaintiffs' possession in the suit land. The learned Trial Court found that the plaintiffs have examined the P.Ws. 1 to 3 to prove their possession in the suit land and all such witnesses have strongly supported the plaintiffs' possession in the suit land and the learned Trial Court did not find any reason to disbelieve such oral evidence. The learned Trial Court further was of the opinion that the plaintiffs have successfully rebutted the presumption of the R.S. Record of Rights by bringing on record documentary evidence like three Dakhilas, a kabuliyat and the certified copy of the final decree in the aforesaid partition suit being Title Suit No. 121 of 1966. It further appears that an issue with regard to the res judicata was raised in the said Title Suit but after discussing the said issue the learned Trial Court was of the opinion that the suit was not barred under the principles of res judicata,