IMAN ALI Vs. KORPAN ALI

JUDGEMENT

(1.) THIS appeal by the defendants, is directed against the judgment and decree dated 06.12.2006, passed by the learned Civil Judge, Barpeta, in Title Appeal No.8/2006, allowing the appeal preferred by the plaintiffs, by setting aside the judgment and decree dated 23.12.2005, passed by the learned Civil Judge (Jr. Division) No.1, Barpeta, in Title Suit No.122/2004, whereby and whereunder the suit of the plaintiffs was initially dismissed.

(2.) THE present respondents as plaintiffs instituted the said suit for declaration of right, title and interest and also for recovery of khas possession by evicting the defendants from the land measuring 3 kathas 12 lechas, more fully described in schedule to the plaint and also for cancellation of the mutation and for issuance of the precept to the revenue authority to correct the record of rights pursuant to the decree that may be passed, contending inter alia that the suit land originally belonged to Afazuddin, on whose death it devolved on the plaintiff Nos.1 to 8 and the husband of the plaintiff No.9 being the legal heirs. It has also been contended that the defendant Nos.1 and 2 suddenly on 25.05.2002 dispossessed the plaintiffs from the land, on the strength of the mutation of their names in the revenue record, though they did not have any right over the suit land and hence are trespassers.

(3.) BASED on the pleadings of the parties, the following issues were framed for determination:-