SHAFIQUR RAHMAN CHOUDHURY Vs. BAHARUL ISLAM CHOUDHURY

JUDGEMENT

(1.) Heard Mr. B. Malakar, learned counsel for the appellants. None appears for the respondents.

(2.) This Regular Second Appeal has been preferred against the impugned Judgment and Decree dtd. 16/6/2009, passed by the learned Addl. District Judge, FTC, Karimganj in Title Appeal No. 6 of 2005, allowing the appeal and thereby reversing the Judgment and Decree dtd. 9/7/2002 passed by the learned Civil Judge, Junior Division-I, Karimganj, in Title Suit No. 180/1999, by which the suit of the plaintiff/present respondents was dismissed.

(3.) The facts leading to the present second appeal may be briefly outlined. The present respondents had instituted a suit against the present appellants before the Court of the learned Civil Judge, Junior Division, Karimganj, seeking declaration of their landholder right and confirmation of possession over the scheduled land (hereinafter referred to as the Suit Land), along with consequential relief of permanent injunction as well as cancellation of the document described in Schedule-2 to the plaint, i.e., a Sale Deed alleged to be executed by the plaintiffs in favour of the defendants.