ALPHINA BIBI Vs. ABDUR RAQUIB AND ORS.

JUDGEMENT

(1.) Heard Mr. S.K. Ghosh, learned counsel for the appellants. Also heard Mr. R.L. Yadav, learned counsel, appearing for the respondents.

(2.) Title Suit No.140 of 1997 was brought about by the respondents/plaintiffs in respect of a parcel of land as described in the schedule to the plaint. Prayer was for declaration of ownership over the suit scheduled land by right of inheritance on amicable partition with the co-sharers coupled with Khas possession and perpetual injunction. The appellants/defendants contested the suit and filed written statement and categorically denied the averments made in the plaint. In the said written statement, the appellants/defendants has also provided a schedule to project the correct description of the suit land.

(3.) Among the issues so framed by the trial Court, the issue Nos.4 and 5 were held to be the primary Issues and the same pertains to whether the respondents/plaintiffs have right, title, interest and are entitled to get Khas Possession of the suit land. Upon appreciation of the original evidences as well as the documentary evidence, particularly, Ext. 1 and Ext. 2 produced by the plaintiffs, which are the Khatian and Kaccha Patta, the Trial Court held that the appellants/defendants failed to prove their source of title over the suit land. Accordingly, the suit was dismissed on contest.