K DUTTA Vs. S DUTTA

JUDGEMENT

(1.) BARE essential facts, set out hereinafter, would, in my opinion, be sufficient to appreciate the crux of controversy arising for the decision in this appeal.

(2.) DEFENDANT has filed the present appeal challenging the judgment and decree dated 9. 10. 96 passed in the Title Appeal No. 18 of 1991, by the learned Assistant District Judge, Lakhimpur at North Lakhimpur dismissing the appeal filed by the present appellant/defendant affirming the judgment and decree dated 25. 11. 91 passed in the Title Suit No. 14 of 1988 by the learned Munsiff No. 1, North Lakhimpur, decreeing the suit of the respondent/plaintiff.

(3.) THE facts in brief of the case is that plaintiff/respondents (hereinafter referred to as respondent) filed the suit being Title Suit No. 14 of 1988 against the defendants before the learned Munsiff No. 1, North Lakhimpur praying for a decree viz; (i)For a declaration that the appointment of the defendant Shri Khargeswar Dutta as the Headmaster of North Lakhimpur Town Higher Secondary School is illegal and forged. (ii)For a direction to the Managing Committee allowing them to remove the defendant from the post of Headmaster.