DHANANJAY MUDOL Vs. GUAN MUDOL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 15-12-2004 passed by the learned Civil Judge (Sr. Division) No. 2, Guwahati, in Title Appeal No. 38/2003 reversing the judgment and decree dated 2-4-2003 passed by the learned Civil Judge (Junior Division) No. 1, in Title Suit No. 59/2000 decreeing the suit of the present respondents/plaintiffs.

(2.) I have heard Mr. P. C. Goswami, learned Counsel for the appellants/defendants. None has appeared for the respondents / plaintiffs.

(3.) The predecessor in interest of the respondents/plaintiffs', Shri Maheswar Mudoi filed a suit against the present appellants' praying for a decree inter alia for declaration of his right, title and interest in and confirmation of possession of the land described in schedule "A" to the plaint. A decree for possession of the land described in schedule "B" was also prayed for. The pleaded case of the plaintiff was that his father Shri Sonaichand Mudoi (since deceased) was the absolute owner of the plot of land measuring 1B 1K 3L covered by Dag No. 417 of KP Patta No. 697 of Uttar Guwahati Town under Silasundorighopa Mauza in the District of Kamrup, Assam. He died leaving behind three sons namely Maheswar Mudoi (Plaintiff), Dhananjoy Mudoi (defendant No. 1) and Harmohan Mudoi (Pro forma defendant No. 2).