ABDUL KARIM KAJI Vs. LEGAL HEIRS HALIMAN BEGUM

JUDGEMENT

(1.) The powers conferred by Section 100 of the Code of Civil Procedure have been sought to be invoked by preferring the present appeal whereby the appellants have put to challenge a judgment and decree dated 8.4.2009, passed in Title Appeal No. 14/2006 by the Civil Judge No. 1, Cachar. The First Appellate Court had allowed the appeal by reversing the judgment dated 10.03.2006 and decree dated 17.03.2006, passed by the Munsiff No. 2, Silchar in Title Suit No. 22/1996. The defendants are the appellants in the instant appeal.

(2.) Before proceeding in the matter, it would be convenient to narrate a brief background of the facts of the case.

(3.) The plaintiffs/respondents had instituted the present suit for declaration of right, title and interest for confirmation of possession and for cancellation of Registered Document No. 568 to 571 executed by Khairunecha as illegal. It is the case of the plaintiffs that the suit land was originally settled with Late Yusuf Mian. On his death, the only living legal heir, Amzad Ali, who is the grandson of Yusuf Mia, had become the owner. The suit land comprised of 10 Bigha 3 Kathas and 12 Chetak.