MD ALTAF HUSSAIN MAZARBHUIYA Vs. ON THE DEATH OF MD SURUJ ALI TALUKDAR HIS LEGAL HEIRS ARE CHAYATUN NESSA TALUKDAR

JUDGEMENT

(1.) Heard Mr. A. Choudhury, learned counsel for the appellants. Also heard Ms. R. Choudhury, learned counsel for the respondents.

(2.) The present second appeal, under Sec. 100 of the Code of Civil Procedure, is preferred against the judgment and decree dtd. 29/9/2015 and dtd. 30/10/2015, respectively, passed by the learned Civil Judge, Hailakandi, in Title Appeal No. 32/2014, reversing the judgment and decree dtd. 14/7/2014, passed by the learned Munsiff No. 1, Hailakandi, in Title Suit No. 139/2006.

(3.) The brief facts of the case is that the respondents/plaintiffs claimed that they are the non-evictable tenants of the appellants/defendants since the days of their predecessor. Their predecessors, namely, Yakub Ali, Munim Ali and Amir Ali, were the non-evictable tenants under the appellants/defendants since the time of their father- Late Fason Mia and the same devolved upon them through inheritance. The tenancy right over the suit land was declared by the Court of learned Munsiff No. 1 in Title Suit No. 44/1988 and it was confirmed by the Appellate Court in Title Appeal No. 18/1992 and also in the Second Appeal No. 46/1996. The respondents/plaintiffs also averred that the appellants/ defendants upon being frustrated on failure to evict the plaintiffs lawfully, the defendants tried to dispossess the plaintiffs from the suit land and finally dispossessed them during the pendency of the Title Appeal in the month of October 2005 to December 2005. In Title Suit No. 139/2006, the defendants contested the case by filing their written statement, wherein, it was contended that the suit is barred by res-judicata. The plaintiffs were never in possession of the suit land and the suit land is owned and possessed by them exclusively. Further, the defendants assailed that the suit of the plaintiffs has no cause of action and it is not maintainable.