GUNESHWAR RAJBONGSHI Vs. KAMALESWAR RAJBONGSHI

JUDGEMENT

(1.) This second appeal has arisen out of the judgment and decree, dated 07.09.2009, passed by the learned Additional District Judge, Kamrup, Guwahati, in Title Appeal No. 11/2005, where by the learned First Appellate Court has allowed the appeal and set aside the decree, granted in Title Suit No. 306/ 2002, whereby the learned Civil Judge (Senior Division) No. 3, Kamrup, Guwahati, as trial Judge, had partly allowed the decree inasmuch as it granted a decree declaring that the suit land is a coparcenery property and the plaintiffs as well as the defendants were coparceners in the suit land, but it declined to grant injunction restraining the defendants from selling the suit land. I have heard Mr. D. Baruah, learned counsel for the plaintiffs-appellant, and Mr. S. Medhi, learned counsel for the defendants-respondents.

(2.) The case of the plaintiffs may, in brief, be described thus:

(3.) Except the defendant No. 1, namely, Kamaleswar Rajbonghshi, no other defendants contested the suit. In his written statement, defendant No. 1 contended, inter alia, that the suit was bad in law as the same suffered from non-joinder of necessary parties and that the suit was barred by limitation, the case of the defendant No. 1 being, in brief, as under: