(1.) Heard Mr. S Haque, learned counsel for the appellants defendants and Mr. A. Roshid, learned counsel for the respondent plaintiffs.
(2.) The plaintiff instituted Title Suit 109/2013 in the Court of the learned Munsiff Magistrate, Goalpara, inter-alia claiming for a decree of declaration that the plaintiff have right, title and interest over the Schedule C suit land and for a further decree of declaration that the plaintiffs have right, title and interest over the Schedule-D land and also for khas possession thereof by evicting the defendant No.1 and the persons acting under him. A further decree was also sought for by a declaration that the defendant No.1 has no right, title and interest over the suit land as well as a right to occupy the suit land. In paragraph-2 of the plaint, it was pleaded that the father of the plaintiff late Mokshed Ali had purchased a plot of land measuring 5B-0K-0L of Dag No.246 Tauzi No.10 from one Rajendra Prasad Singh, son of late Chandrika Prasad Singh, who was a rayot under the Jotedar Parmanenda Adhikary by a registered sale deed No.727/763 on 02.02.1973 and thereafter the father of the plaintiffs had taken possession of the land. The land so purchased by the father of the plaintiffs is the Schedule-A to the plaint. A stand was taken that while the father of the plaintiffs was ploughing the Schedule-A land, the predecessor in interest of the defendants dispossessed him from the Schedule-A land resulting in the institution of Title Suit 07/1975 in the Court of the learned Munsiff No.1, Goalpara. The said suit was decreed in favour of the plaintiffs in the year 1992 i.e. on being substituted as the legal heirs of the deceased late Mokshed Ali. The defendants preferred Title Appeal 10/1992 in the Court of learned District Judge, Goalpara against the judgment of the learned trial Court in Title Suit 17/1975 but the Title Appeal was subsequently dismissed.
(3.) Thereupon, Execution Case No.10/1994 was filed, in which the defendants No. 1 and 2 were evicted from the suit land. In paragraph 4 of the plaint, it is stated that the revenue department of Lakhipur revenue circle had caused the Schedule-A land to be divided into two parts, one comprising of 4B-1K-0L of Dag No.629 of Madhya Patta No.184 which is described as Schedule-B in the plaint and the other part comprising of 0B-3K-5L of Dag No.616 of Madhya Patta No.78 which is described as Schedule-C in the plaint. In paragraph 6, it is stated that while the plaintiffs were peacefully enjoying the aforesaid land, the defendant No.1 entered the Schedule-D land in the month of March, 2009. On being protested, the defendant No.1 informed the plaintiff that the land record was corrected in his name. In the circumstance, the suit was instituted for a declaration of right, title and interest over Schedule-C land and a further declaration of right, title, interest and delivery of khas possession over the Schedule-D land.