SUKUMAR NAMASUDRA Vs. BHOJAN NAMASUDRA

JUDGEMENT

(1.) HEARD Ms. R. Choudhury, learned counsel for the appellants/defendants. Also heard Mr. N. Dhar, learned counsel appearing for the respondents/plaintiffs.

(2.) THIS appeal is directed against the judgment and decree dated 30.4.2004 passed by the learned Civil Judge (Senior Division), Karimganj in Title Appeal No. 47/2002 allowing the appeal by setting aside the judgment and decree dated 13.5.2002 passed by the learned Civil Judge (Junior Division), Karimganj in Title Suit No. 74/1993 decreeing the suit.

(3.) THE case of the plaintiff as projected in the plaint, in short, is that Abalabala Namasudra, wife of Piariram Namusudra sold 1st schedule and 3rd schedule lands to the father of plaintiff Nos. 1, 2 and 3 and husband of plaintiff No. 4, namely, Pulin Namasudra by registered sale deed dated 31.1.1973, which was exhibited as Ext. 3. It is pleaded that in the northern part of the land, Pulin Namasudra excavated a tank. 1st schedule land refers to 1 kedar of land, equivalent to .30 decimals, which was purchased by Pulin Namasudra. 2nd schedule is part of 1st schedule land which is a kind of a tank and fishery measuring about .15 decimal. 3rd schedule is orchard land measuring 1 poa. It is alleged that the defendants who are neighbours of the plaintiffs are causing interference with their peaceful possession in respect of 2nd and 3rd schedule land with an intention to dispossess them therefrom. At the outset, it will be convenient to reproduce the three schedules for better appreciation: