HAZIBULLA MANDAL Vs. MD ABBAS ALI

JUDGEMENT

(1.) Heard Mr. B.C. Das, learned counsel for the petitioners as well as Mr. B.B. Narzary, learned counsel for the respondents.

(2.) This Revision petition under Section 115 of the CPC is against the appellate judgment & order dated 12.8,98 passed by the Civil Judge (Sr. Divn), Darrang, Mangaldoi in Misc.(A) No. 6/98 and Misc.(J) No. 35/98. By the aforesaid impugned order, the learned Appellate Court set aside the order dtd. 28.5.98 passed by the Civil Judge (Jr. Divn) No. 1 in Misc (J) Case No. 34/96 arising out of Title Suit No. 50/96 and thereafter issued a temporary injunction in favour of the plaintiff.

(3.) The petitioners herein are the defendants in the Title Suit No. 50/96. The Title Suit was brought by the respondents herein as plaintiffs for declaration of title and injunction in respect of the Suit land described at the plaint the Schedule-C. The case of the plaintiffs iis that they inheritted the suit land from their forefathers and they are in possession of the same. The defendants contested the suit basically on the ground that they purchase the land from the predecessor-in-interest of the plaintiffs and they are in possession of the land. There were some criminal proceedings; with regard to the possession etc. over the suit land and ultimately, the plaintiffs filed the suit: