NAREN BORA Vs. SUBHA CHANDRA GOGOI

JUDGEMENT

(1.) THIS second appeal has been preferred at the instance of the principal defendant. The second appeal was admitted on 13.12.2002 with the following substantial questions of law :

(2.) THE plaintiff of this suit Shri Subha Chandra Gogoi and the principal Defendant No.1 Smti Jamini Bora and the proforma defendant Nos 19,20 and 21 were the sons and daughter of one Devi Chutiani who owned and possessed a plot of land measuring 4 kathas 4 1/3 lechas of land covered by Dag No.162 of Patta No.833 under Nagaon Kichamat of District Nagaon.

(3.) OUT of the aforesaid issues, issue No.5 and 6 are the crux of the dispute. The learned Trial Court held that the plaintiff and the defendant hold joint right, title and interest over the suit property along with other sisters defendant and as such issue No. 5 was decided in the negative to the extent that the plaintiffs are at liberty to claim partition of only his/ her share in the property. So far as the issue No.6 is concerned, learned Trial Court held that since they are also co-sharers, they cannot be evicted. So issue No.6 was answered in the negative against the plaintiff and infavour of the defendant.