NAZIM UDDIN Vs. SAHAJAN ALI

JUDGEMENT

(1.) Heard Mr. S. Biswas, learned counsel for the appellants. There is no representation from the respondents.

(2.) This appeal under Sec. 100 CPC is directed against the appellate judgment and decree dtd. 30/5/2005 passed by the learned Civil Judge (Senior Division) Barpeta in TA no.39/2004. By the said appellate judgment, the said appeal filed by the appellant-defendant was dismissed and the judgment and decree dtd. 18/6/2004 passed by the learned Civil Judge (Junior division) No.1, Barpeta in TS no.78/1999, thereby decreeing the suit, was affirmed.

(3.) The facts in brief is that the respondent nos.1 to 4 had filed a suit for declaration of right, title and interest, decree of recovery of khas possession by evicting the appellants from the suit land and another consequential reliefs. It was claimed that out of the Schedule-A land, the father of the respondent nos.1, 2, 3, who was also the husband of the respondent no.4, had purchased 2B-1K-5L land vide registered sale deed no.6892/77 dtd. 8/9/1977 from Sanser Ali (since deceased). The said vendor was the father of the appellant nos.1 to 5, who was also the husband of the appellant no.6 and the father of the respondent no.7, proforma defendant no.1 and proforma defendant no.2.