OSMAN GANI MOLLAH Vs. ISHRAWATI DEVI

JUDGEMENT

(1.) Heard Mr. S.K. Saharia, learned counsel for the petitioner. Also heard Mr. B.D. Deka, learned counsel for the respondent.

(2.) By filing this revision under Section 115 of the Code of Civil Procedure, the petitioner has challenged the legality and validity of the judgment dated 29.09.2016 as well as the decree drawn up on 07.10.2016 by the learned Civil Judge, Goalpara in Title Suit No. 13/2007, thereby decreeing the suit of the plaintiffs/respondents for recovery of the khas possession of the suit land. Mr. Saharia submits that the title suit was filed under Section 5 and 6 of the Specific Act, 1963 for recovery of possession of immovable property. However, as many as seven following prayers were made in the plaint:

(3.) On the perusal of those prayers would indicate that not only the plaintiff/respondent had prayed for declaration but also for decreeing of mense profit as well as for decree to recover possession. The petitioners herein, were the defendants Nos. 1 to 11 and 14 to 21 in the said suit and they had contested the suit by filing their written statement as well as the counter claim. By the said written statement cum counter claim, not only the said petitioners/defendants had set up a case claiming title but also justified their physical possession over the said suit land. In the counter claim the following prayers were made: