BABUL BORA Vs. GHANAKANTI BORDOLOI

JUDGEMENT

(1.) Heard Mr. C. Baruah, learned Senior Counsel for the appellants/defendants and Mr. D. Das, learned counsel for the respondents/plaintiffs.

(2.) The second appeal by the plaintiffs is preferred against the judgment and decree dated 21.03.2005 passed by the learned District Judge, Golaghat in Title Appeal No.1/2004, dismissing the appeal and affirming the judgment and decree dated 29.10.2003 passed by the learned Civil Judge (Senior Division), Golaghat in Title Suit No.14/2000, whereby the suit of the plaintiffs was dismissed.

(3.) The plaintiffs filed the suit praying for, amongst others, right, title and interest in respect of 3 plots of land as described in the schedule to the plaint. Schedule- A refers to land measuring 2 Bigha 3 Katha 5 Lecha, out of which, 1 Bigha 0 Katha 15 Lecha is covered by Dag No.486 and 1 Bigha 2 Katha 10 Lecha covered by Dag No.487, both the Dags being of Periodic Patta No.232. The total land in Schedule-B in Periodic Patta No. 97 measures 1 Bigha 3 Katha 17 Lecha, out of which, 3 Katha 19 Lecha is in Dag No.148, 2 Katha 10 Lecha in Dag No.295 and 2 Katha 8 Lecha in Dag No.308. Schedule-C measures 1 Bigha 2 Katha covered by Dag No.307 of Periodic Patta No.103. All the plots of land in Schedule-A,B and C is of Hahpani Gaon in Dergaon Mouza. Recovery of khas possession from the plots of land in Schedule-A,B and C measuring 5 Bigha 2 Katha 2 Lecha in total was also prayed for. The plaintiffs also sought for a declaration of a sale-deed allegedly executed on 14.05.1997 by the plaintiff Nos.1,2 and 4 and the pro forma defendant No.2 as fraudulent and also for cancellation of mutation of the name of defendant No.1. Damage of Rs.5,000/- with interest at the rate of 12% per annum from the date of suit to the date of payment, cost of the suit etc. were also prayed for.