RENU BALA DEVI Vs. LOHIT CH NATH

JUDGEMENT

(1.) This second appeal is directed against the judgment and order dated 22.12.1995 passed by the Assistant District Judge No. 1, Guwahati in Title Appeal No. 26/92 partly affirming the judgment and decree dated 10.4.1992 and 4.5.1992 respectively. Passed by the then Sadar Munsiff, Guwahati in Title Suit No. 25/87 dismissing the suit filed by the appellants.

(2.) The facts material for the purpose of disposal of his appeal are that the appellants/plaintiffs No. 1 to 6 herein along with plaintiff No. 7 instituted Title Suit No. 25/86 in the Court of the learned Munsiff, Guwahati praying for a decree for declaration of their right, title and interest over the land described in the schedule to the plaint measuring 1 bigha, 0 katha and 4 Lechas.

(3.) The respondents herein as the defendants contested the suit by filing written statement contending, inter alia, that they had been possessing the suit land continuously for 40 years as tenants under the plaintiffs/appellants and that Raiyati Khatian had been issued in their name. Referring to an earlier suit being Title Suit No. 288/85 filed by the same very plaintiffs for possession of the suit land, the defendants/respondents stated in the written statement that the same having been dismissed, the plaintiffs/appellants were not entitled to any relief in the suit.