HADIR NILUFAR KHALIL Vs. JALALUR RAHMAN

JUDGEMENT

(1.) The rejection of the plaint in the title suit No. 13/99 vide order dated 16.3.01 by the learned Civil Judge, Sr. Division, Golaghat and or dismissal of the suit has resulted into this First Appeal. The plaintiff appellant filed the aforesaid title suit in the Court the Civil Judge, Sr. Division, Golaghat on 28.7.99 prayer for:

(2.) 1. Declaring the right title and interest of the plaintiff over the land and the houses as shown in schedule 'C' to the plaint; 2.Directing the defendant by any order of mandatory injunction to pull down and remove the wall raised on the passage within the land in the schedule "C" to the plaint; 3. For eviction of the defendant and his persons from the land and its house bearing Hold- ing No.91 as shown in the schedule "D" to the plaint; 4. Granting temporary injunction restraining the defendant, his agents, workmen and any other person/persons in his behalf from raising any further constructions and from disrupting the electric connection of the Holdings No.91 & 92; 5. Granting perpetual, injunction restraining the defendant from occupying land and the house in the schedule 'D' hereto and from raising any construction thereon; 6. For costs of the suit against the defendant; 7. For any other relief/reliefs deemed just, fair and proper."

(3.) The plaintiff valued the suit for the purpose of jurisdiction of Rs. 50,000/-, for court fee, the said suit was valued for Rs. 652/- and accordingly the court fee of Rs. 87.95 was paid alongwith the plaint.