PHULMATI Vs. BIDYUT JYOTI DUTTA CHOUDHURY

JUDGEMENT

(1.) The present revision petitioners are plaintiffs in Title Suit No. 175/98 filed in the Court of learned Civil Judge (Junior Division) No. 1, Karimganj praying for a decree inter-alia for declaration of their jote right over the suit land and for a further declaration that the judgment and decree obtained by the opposite party No. 1 in Title Suit No. 68 of 1967 and Title Suit No. 34 of 1968 from the Court of Munsiff, Karimganj against the opposite party No. 2 to 6 and the proceedings of the Title Execution case No. 3 of 1998 are illegal, null and void and in -operative in law. They also prayed for a permanent injunction restraining the opposite party No. 1 from dispossessing them from the suit land by executing the decree obtained in the above mentioned suits. Along with the plaint they also filed an application under Order 39 Rule 1 and 2 CPC for temporary injunction restraining the opposite party No. 1 from executing the decree in the aforesaid suits.

(2.) Their case in short, in the plaint is, that the manager of the opposite perty No. 1 gave jote settlement of the suit land to one Muslim AH and his wife Joyful Bibi by executing a registered deed No. 2364 dated 23.2.1948. Muslim Ali died leaving behind his widow Joyful Bibi , two sons, Nuruddin (opposite party No.2) and Abdul Sabur(opposite party No. 3) and three daughters Haribibi, Chand Bibi and Kamlibibi. Chand Bibi died leaving behind her husband Shekhawat Ali (petitioner No. 5) and two daughters Asarun Bibi (Petitioner No. 3) and Sheela Bibi (petitioner No. 4). Their further case is Haribibi died leaving behind her husband Abdul Ali, son Kutub Ali (opposite party No. 6) and two daughters namely-Phulmati (petitioner No. 1) and Kalu Bibi. Kalu Bibi died leaving behind her daughter Alokjan Bibi (petitioner No. 2). Eventually Joyful Bibi died leaving behind her son Noor Uddin (opposite party No. 2) and Abdus Sabur and daughter Kamli Bibi (opposite party No. 5). Similarly Abdul Sabur, son. of Muslim Ali died leaving behind! Golapjan Bibi (opposite party No. 3) andi two daughters Ala Khatoon (opposite party No. 4) and Leela Bibi (petitioner No. 6). The substance of the case of the petitioners; in the suit is that the Title Suit No. 68/67' and Title Suit No. 34/68 were filed without making them parties though they were vitally interested in the suit land and therefore the decrees obtained in the said suits were illegal, void and in Coperative in law having been procured fraudulently and behind their back.

(3.) The opposite party No. 1 filed his written statement Contending inter-alia that the decrees obtained in the above: mentioned suits were legal and vaild all aspects and that the petitioners had not prima-facie case to go for trial. They contended that the above mentioned suits were filed against all the legal heirs of Muslim Ali and Joyful Bibi and therefore the claim made by the petitioners in the suit case wholly untenable. They asserted that the balance of the convenience was in favour of the opposite party No. 1 and that there was no justification for entertaining the prayer for injunction as made in the suit and in the application for temporary injunction.