PEWGALI BASUMATARI Vs. RABIT BASUMATARY

JUDGEMENT

(1.) Heard Mr. B.J. Mukherjee, learned counsel representing the appellants as well as Mr. CKS Baruah, learned counsel appearing for the respondents.

(2.) This is a Regular Second Appeal under Sec. 100 of the Code of Civil Procedure (CPC) whereby the judgment and decree dtd. 19/5/2008 passed by the court of learned District Judge, Kokrajhar in Title Appeal No.02/2006, reversing the judgment and decree dtd. 19/5/2006 passed by the court of learned Civil Judge, Kokrajhar in Title Suit No.18/2004, is under challenge.

(3.) Late Nakul Basumatary had five sons namely- Sumadhar Basumatary, Rabit Basumatary, Sankadhar Basumatary, Nilambar Basumatary and Tapan Kumar Basumatary. After the demise of Nakul Basumatary, his sons jointly occupied a plot of land measuring 3 Bighas 2 Kathas and 10 Lechas covered by Khatian No.101 (New) 50 (Old) Dag No.102 situated at revenue village Boro-Bhatarmari, Dihidokora, Paraga-Khutaghat (A/E) under Kokrajhar Revenue Circle in the district of Kokrajhar.