MUSTT. SAKINA KHATUN Vs. GOLAM SARWAR KHAN

JUDGEMENT

(1.) Heard Mr. R. Sarma, learned counsel for the appellants. Also heard Mr. A. Choudhury, learned counsel for the respondents.

(2.) The appellants herein being the legal heirs of the original plaintiff Moziran Nessa continued with T. S. 34/2002 which, amongst others, was instituted with the following prayer "(c. A decree for setting aside the fraudulent Chitha mutation dated 6.5.96 and 29.7.97 in connection with Misc. Case No. 61/96-97 of Circle Officer, Kalgachia Revenue Circle by declaring it null and void, inoperative in law and to send a precept of the said Revenue authority to correct the Revenue Record by restoring the plaintiffs' mutation and patta."

(3.) Without going into any other issues that has been raised it is apparent that the appellant plaintiffs had prayed for a decree for setting aside the Chitha mutation the dated 06.05.1996 and 29.07.1997 which were made pursuant to the orders of the Circle Officer, Kalgachia Revenue Circle in connection with Misc. Case No. 61/96-97. Along with the said prayer, the appellant plaintiffs also prayed for a declaration of their right, title, interest and possession over the suit land and also for a decree for Khas possession of the suit land by evicting the respondent defendants.