RAHIZUDDIN Vs. AHELA BEWA

JUDGEMENT

(1.) HEARD Mr. H. Das, learned counsel fOR.the appellants. Also heard Mr. C. Baruah, learned SeniOR.Counsel assisted by Mr. D. Baruah, learned counsel representing the respondents.

(2.) THIS Second Appeal has been filed challenging the judgment and OR.deR.dated 28.06.2005 passed by the learned Civil Judge (SeniOR.Division), Goalpara in Title Suit No.9/2005 affirming the judgment and OR.deR.dated 03.03.2005 passed in Title Suit No.5/1997 by the learned Civil Judge (JuniOR.Division) No.1, Goalpara dismissing the suit filed by the plaintiff/appellant holding the same to have abated against the defendants.

(3.) THE brief factual background leading to filing of this appeal is that the appellant had filed Title Suit No.5/1997 seeking partition and declaration of separate possession in respect of the ancestral property measuring 38B -8K -15 dhurs, thereby, claiming that the plaintiff is entitled to heR.share of 11B -10K -8 dhurs. In the said suit, Naushad Ali Mondal and Motbhan Bewa were impleaded as defendant Nos.3 and 4 although the said two persons had died priOR.to institution of the suit. The defendants contested the suit by filing theiR.written statement, inteR.alia, questioning the maintainability of the suit on various grounds besides denying the fact that the plaintiff had right, title and interest oveR.the land claimed by her.