SEKHAR DEY Vs. KHAGENDRA MAZUMDER

JUDGEMENT

(1.) HEARD Mr. PC Dey, learned counsel for the petitioners and Mr. BR Dey, learned senior counsel assisted by Mr. S Dey for the opposite parties. This application under Section 115 read with Section 151 of the of Civil Procedure has been preferred by the plaintiffs challenging judgment and decree dated 29.03.2010 passed by the learned Munsiff, Hojai, Sankardev Nagar, in T.S. 33/2001 thereby dismissing the suit of the plaintiffs filed under Section 6 of the Specific Relief 1963.

(2.) BY presenting the plaint in the court of learned Munsiff at Sankardev Nagar, Hojai, the petitioners asserted that they were in lawful possession of a plot of land measuring 11 Kathas 13 Lechas covered by Dag No. 432 of Pub Lumding Kissamat under the Nagaon district but the defendants by forming unlawful assembly of about 40/50 persons trespassed into the land on 10.09.2001 and dispossessed the plaintiffs. It is also stated that on earlier occasions the same defendants had abortive attempts to dispossess the plaintiffs. The plaintiffs, therefore, filed the suit bearing T.S. No. 33/2001 for restoration of possession under Section 6 of the Specific Relief Act. The plaint was presented on

(3.) DEFENDANT No. 3 filed a separate written statement while defendant No. 1 filed his own written statement. Since the proceeding is one under Section 6 of the Specific Relief Act, the learned Trial court did not enter into the question of title and framed as many as 6 (six) issues for the purpose of deciding as to whether the plaintiffs had possession over the suit land on or before the alleged date of dispossession i.e. 10.09.2001.