GOPAL CH. SAHA Vs. MUSTT. AYESHYA KHATUN

JUDGEMENT

(1.) Heard Mr. G. N. Sahewalla, learned Senior Counsel for the appellants/defendants. Also heard Mr. D. Mazumdar, learned Senior Counsel for the respondents/plaintiffs.

(2.) This instant appeal is filed under Sec. 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dtd. 5/1/2006, passed by the learned Civil Judge (Senior Division), Tinsukia, in T.A. No. 04/1996, dismissing the appeal and upholding the judgment and decree dtd. 30/10/1995, passed by the learned Munsiff No. 1, Tinsukia, in T.S. No. 89/1993.

(3.) The case of the plaintiffs/defendants is that Late Somdutt Dahotia, the father of the original defendant Nos. 1 and 2, and Late Dashiram Dahotia were brothers. They, along with original defendant Nos. 14 and 15 were the original owners of the land measuring 21 Bighas, 14 Lessas under Dag No. 790, 830, 1268 and 1174/1265, covered by Periodic Patta No. 263 of Tinsukia Town, Mauza Tinsukia and accordingly, they were possessing the land by making amicable partitions and their names were also mutated in their respective shares.