MD. ABDUL SALAM Vs. JULHASH ALI

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel for the defendant/appellants and Ms. R. Choudhury assisted by Mr. A. Roshid, learned counsel appearing for the plaintiff/respondents.

(2.) This second appeal has been preferred against the impugned Judgment and Order, dtd. 25/4/2012 and Decree, dtd. 7/5/2012, passed by the learned Civil Judge, Barpeta in Title Appeal No. 2/2001 whereby allowed the appeal setting aside the Judgment, Order and Decree, dtd. 20/12/2000, passed by the learned Civil Judge (Jr. Divn.) No. 1, Barpeta in Title Suit No. 83/1997 partly decreeing the suit by reversal.

(3.) The plaintiff/respondents instituted a suit being T.S. No. 83/1997 before the Court of learned Civil Judge (Jr. Divn.) No.1 at Barpeta seeking reliefs of decree for their right, title, interest and possession over the suit land described in the schedule and for delivery of khas possession by evicting the defendant/appellants herein by removing the houses from the suit land as well as declaration for setting aside the purported fraudulent chitha mutations, dtd. 6/1/1977, 8/11/1977 and 18/9/1991 to restore the plaintiffs' patta. It was further prayed to send precept to the concerning revenue authority and to decree for partition of plaintiffs' share of the suit land etc.