SOMESWAR NATH Vs. JOYRAM NATH

JUDGEMENT

(1.) Heard Mr. H. Das, learned counsel for the appellants/defendants and Mr. P.K. Kalita, learned counsel for the respondents/plaintiffs.

(2.) This appeal is directed against the judgment and decree dated 23.11.2004 passed by the learned Civil Judge (Sr. Divn.), Goalpara in Title Appeal No.11/2004 allowing the appeal and reversing the judgment and decree dated 05.05.2004 passed by the learned Civil Judge (Jr. Divn.) No.1, Goalpara, in Title Suit No.07/99, whereby the suit of the plaintiffs was dismissed.

(3.) The plaintiffs filed the suit for declaration of right, title and interest in respect of the suit land described in Schedule-A and Schedule-B and for confirmation of possession, perpetual injunction restraining the defendants, etc. from digging tanks in the suit land; for declaration that the order passed by the Executive Magistrate on 29.01.99 in Misc. Case No.11/97 under Section 145 Cr.P.C. is without jurisdiction, illegal and void, for possession of the suit land in case during the pendency of the suit defendants dig tanks, by restoring its topographical possession at the cost of the defendants, damages and compensation of Rs.25,000/- per year with interest at the rate of 18% per annum from the date of institution of the suit till recovery of the decretal amounts, cost of the suit, etc.