RABI URANG Vs. USHA RANI GHOSE

JUDGEMENT

(1.) THE instant appeal has been filed challenging the legality and validity of the Judgment and Decree passed by the learned District Judge, Goalpara in Title Appeal No. 5/2004 whereby and whereunder the learned District Judge allowed the appeal preferred by the respondents herein by setting aside the judgment and decree passed by the learned trial Court The appellants herein were the defendants on the file of the learned Civil Judge (Sr. Division), Goalpara in Title Suit No. 12/2001.

(2.) THE brief facts of the case is narrated hereunder in order to adjudicate the substantial questions of law as formulated by the court at the time of admission of the appeal which would be referred subsequently and in appropriate place. The respondent herein as plaintiff has brought a suit against the appellants herein as defendants in the court of the learned Civil Judge (Sr. Division), Goalpara seeking the following reliefs:-

(3.) THE plaintiff on setting up the counter claim by the defendants thereof filed the written statement challenging the maintainability of the counter claim for want of cause of action. She has further asserted that the defendants have no right, title or interest over the suit land and accordingly prayed for dismissal of the counter claim.