NILUFAR RAHMAN Vs. AFROZA RAHMAN

JUDGEMENT

(1.) Heard Mr. S Chamaria, learned counsel for the petitioners. Also heard Mr. AK Srivastava, learned counsel for the respondents.

(2.) The present revision petition is filed challenging legality and validity of the judgment and order dtd. 5/3/2022 passed by learned Additional District Judge No. 3, Kamrup (M), in Misc. Appeal No. 42/2021, whereby the judgment and order dtd. 22/4/2021 passed by the learned Civil Judge No. 3 in Misc Case No. 108/2021 arising out of TS No. 305/2015 was upheld.

(3.) The petitioners herein filed TS No. 305/2015 in the court of learned Civil Judge No. 3 seeking declaration of right, title and interest and permanent injunction against the defendants. The plaintiffs prayed that a deed of assignment dtd. 8/3/2007 is declared to be cancelled for the reason of same being not acted upon. The further prayer of the plaintiffs was for a declaration of right of the plaintiffs and defendants over the suit premises. The suit premises are three properties, which are described as Property No. 1, Property No. 2 and Property No. 3. Property No. 1 is one M/s Mohijuli Tea Company Pvt. Ltd. including his land and building, Property No. 2 is one Tezalpatty Division and Tea Estate including landed property and Property No. 3 is a plot of land belonging to one Rahman Properties Pvt. Ltd.