LAWS(GAU)-2024-5-192

GANDE RAY Vs. MALATI CHOUDHURY

Decided On May 17, 2024
Gande Ray Appellant
V/S
Malati Choudhury Respondents

JUDGEMENT

(1.) Heard Mrs. R. Choudhury, the learned counsel appearing on behalf of the Petitioners and Mr. A. Dasgupta, the learned Senior counsel assisted by Mr. A. Das, the learned counsel appearing on behalf of the Respondents.

(2.) This is an application under Article 227 of the Constitution challenging the order dtd. 6/6/2023 passed in Misc. (J) Case No.43/2023 arising out of Title Suit No.98/2021 by the Court of the Munsiff, Bongaigaon.

(3.) The facts involved which led to the filing of the instant application is that the plaintiffs have filed a suit seeking declaration of their right, title and interest in respect to the suit land; for declaration that the defendants have no right, title or interest over the suit land described in Schedule-B or any part thereof; for recovery of khas possession in favour of the plaintiffs by evicting the defendants and their men from the suit land; for declaration that the inclusion of the name of the Defendant No.1 in the periodic Khiraj Patta No.60, Dag No.191 at revenue Village, Dolaigaon under Revenue circle, Bongaigaon is illegal and the name of the Defendant No.1 be struck off from the record of rights etc.