SUKHLAL ROY Vs. BHABESH CHANDRA

JUDGEMENT

(1.) HEARD Mr. S.K. Ghosh, the learned counsel for the petitioners, who were the defendants in the Title Suit No.118/1993. But there is no representation from the respondents, although notice was duly served upon them, as was recorded on 23.04.2013 by this Court.

(2.) THE predecessor of the respondents, Bhabesh Chandra Roy filed the suit under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as the "S.R. Act") against the present petitioners as defendants in the Court of the learned Civil Judge (Jr. Division) No.1, Hailakandi. This case was registered as the Title Suit No.118/1993 for restoration of possession of the suit land. The defendants (petitioners herein) on receipt of the summons entered appearance and contested the said proceeding under Section 6 of the S.R. Act by denying the claim of the plaintiff regarding possession and also asserting that Bhabesh Chandra Roy, (son of Late Sonachand Roy) is in fact not the plaintiff and the person who has filed the suit is Bhabesh Chandra Roy, (son of Durjodhan Roy). In fact Bhabesh Chandra Roy, son of Sonachand Roy died in long back.

(3.) THE learned Civil Judge (Jr. Division) No.1, Hailakandi, decreed the Title Suit on 22.12.1999 by answering the Issue No.3 in favour of the plaintiff and directed restoration of possession of the suit land under Section 6 of the S.R. Act.