MANTU GHOSH Vs. AMAR CHAND SHARMA

JUDGEMENT

(1.) This defendants' appeal under Order 43, Rule l(u) of the Code of Civil Procedure, arises from the judgment and order dated 17.5.1988, passed by the learned District Judge, Goalpara, in Title Appeal No. 17 of 1987 thereby setting aside the judgment and decree, passed by the learned Munsiff No. 1, Goalpara in Title Suit No. 127 of 1982 and remanding the matter to the learned trial Court for fresh disposal under Rule 23A of the Code of Civil Procedure.

(2.) The facts of the case in a short compass are as follows . The plaintiff, respondent herein purchased the suit land from one Shri Birendra Chandra Paul under a registered sale deed dated 30.3.1977 and by virtue of the said sale deed, the plaintiff took the delivery of the possession in respect of the suit land, raised boundary fencing and got his name mutated in the recond of rights in respect of the suit land. For some time the plaintiff went to his house at Rajasthan and when he came back, he found one "Kali Mandir" and one. "Birendra Smriti Pathagar" over his two plots of land/suit land. It is also the case of the plaintiff that the defendants and the other devotees of "Kali" of the locality have done this thing. Being dissatisfied with the action of the defendants, the plaintiff filed a suit against all interested persons for declaration of title and recovery of possession etc. The suit was contested by the defendants/present appellants by raising the following points :-

(3.) On the basis of the pleadings of both the parties, the learned trial Court framed as many as nine issues for just determination of the recall points in controversy between the parties of this case. Those issues are quoted below :-