MOIMONA NESSA BEWA Vs. HACHINA KHATUN

JUDGEMENT

(1.) This revision petition has been filed under Article 227 of the Constitution of India read with Sections 115 and 151, CPC challenging the Order dated 06.06.2011 passed by the learned Munsiff No. 1, Barpeta in Title Suit No. 330 of 2007. Heard Mr. A.R. Sikdar, learned counsel for the petitioners. Also heard Mr. B. Banerjee, learned counsel for the opposite party. As agreed to by the learned counsel for the parties, this revision petition is taken up for disposal at the admission stage.

(2.) The opposite party filed Title Suit No. 330 of 2007 in the Court of the learned Munsiff No. 1, Barpeta, praying for a decree of declaration for right, title and interest in respect of Schedule 'B' of the plaint and for khas possession of Schedule 'C' of the plaint, which is part of Schedule 'B', a decree to issue precept to the Revenue Authority for partition of 'B' Schedule land in favour of the plaintiff by appointing Amin Commission, to issue precept to the Revenue Authority for separate patta in respect of 'B' Schedule land and for a permanent injunction not to prevent the plaintiff from entering into Schedule 'C' land, etc.

(3.) The petitioners had submitted written statement alongwith the counter claim praying for, amongst others, dismissal of the suit of the plaintiff with costs, declaration that plaintiff has no right, title, interest and possession of 'B' Schedule land of the plaint, declaration that plaintiff's prayer for partition in respect of 'B' Schedule land is illegal, declaration that the grant of mutation in favour of the plaintiff on 11.10.1991 and 23.03.2005 is illegal, to send precept to the Revenue Authority to correct the record of the land, declaration of the defendants' right, title and interest and possession over the land prescribed in the Schedule to the counter claim measuring 1 Bigha 1 Katha and 16 1/2 lechas of land.