JAGADISH SHAH Vs. KAILASHPATI KALWR

JUDGEMENT

(1.) This appeal witnesses a challenge to the judgment dated 12.4.1996 and decree dated 11.11.96 passed by the learned District Judge, Nagaon in Title Appeal No. 1 of 19995 affirming the judgment and decree dated 28.11.1994 passed by the learned Assistant District Judge, Nagaon Assam in Title Suit No. 85/78. The learned Courts below having dismissed the suit, the plaintiffs No. 2 to 5 are in appeal.

(2.) I have heard Mr. B.K. Goswami, Senior Advocate assisted by Ms. T. Goswami, Advocate for the appellants and Mr. D.K. Bhattacharyya, Senior Advocate assisted by Ms.S.Chakraborty, Advocate for the respondents/principal defendants.

(3.) The pleaded facts deserve to be noted at the out set. The proforma respondent/plaintiff No.1 instituted the aforementioned suit praying for a decree for declaration of his right, title and interest in the land described in Schedule 'Ka' to the plaint, confirmation of possession in respect of land in schedule 'Kha' thereof and for recovery of khas possession of the land in schedule 'Ga' by evicting the defendants. At the time of institution of the suit, the proforma respondent was a minor and therefore, it was filed by his mother Smti. Mira Devi as his next friend. The present appellants during the pendency of the suit, having purchased a portion of the suit land were impleaded as plaintiffs Nos. 2 to 5 in the suit. The predecessor in interest of the principal respondents, Sita Ram Kalwar, was initially impleaded as the main defendant. He having died during the pendency of the suit, his heirs (principal respondents) were submitted in his place. On attaining majority, the proforma respondent submitted an application under Order 32 Rule 12 C.P.C. where after his mother and next friend Mira Devi was discharged from the suit and the proforma respondent was permitted to proceed with it on his own. Though the Defendant Nos. 2 to 17 were impleaded as proforma defendants, they did not contest the suit.