SUBRATA DEB Vs. SRABAN KUMAR BIHANI

JUDGEMENT

(1.) Heard Mr. G Saikia, learned counsel for the defendant/ appellants and Mr. GN Sahewalla, learned Senior Counsel appearing for the plaintiff/respondents.

(2.) This regular first appeal under Sec. 96 read with Order XLI of the Civil Procedure Code, 1908 (for short 'CPC') has been preferred against the impugned Judgment and Decree, dtd. 13/2/2017, passed by the learned Civil Judge, Nagaon, in Title Suit No.82/2012 decreeing the Suit of the plaintiff/respondents herein.

(3.) The plaintiff/respondents' case, in a nutshell, is that their predecessor-in- interest and proforma defendants, namely Late Kashi Prasad Bihani was the absolute owner and possessor of a plot of land measuring 1 Bigha, covered by Dag No.548/549, Periodic Patta No.274 (old)/275 at Hojai Kisam No.2, Mouza- Hojai Town, described in Schedule-A (First Part) of the plaint. After acquiring the aforesaid property, said Kashi Prasad Bihani started running one Cinema Hall, namely 'Sri Laxmi Talkies' thereon, by forming a partnership firm jointly with his son, the plaintiff No.1/respondent No.1 herein and Smti Kamala Devi Bihani, wife of proforma defendant No. 10 in the original suit, son of Late Kashi Prasad Bihani/proforma respondent No. 14 herein by virtue of a Partnership Deed, dtd. 11/8/1962.