ON THE DEATH OF APPELLANT NO.1, HIS LEGAL HEIRS. SMTI. DIPALI RAM DEY Vs. SRI PANKAJ DEY @ BALAI DEY AND OTHERS

JUDGEMENT

(1.) AND ORDER (CAV) - Heard Ms. B. Sarkar, the learned counsel appearing on behalf of the appellants. Also heard Mr. U. Das, learned counsel appearing on behalf of the private respondent and Mr. P.J. Barman, leaned counsel appearing on behalf of respondent Nos. 15 to 17.

(2.) The appellants before this Court are the plaintiffs in Title Suit No.36/1990 in the court of Civil Judge, Junior Division No. 1, Karimganj.

(3.) Initially, the suit was filed against the present appellant/defendant only. Later the Municipal Board, Dhubri represented by its Executive Officer was implead ed as defendant No. 2. The plaintiffs/appellants case in brief is that they are the owners and predecessors of the suit land described in the schedule of the plaint measuring 2 Kedars 3 Poas 2 jattis 6 pons relating to Dag Nos. 43, 65 and 66 and the Southern part of Dag No.57 of Khatian No. 142. The homestead of the plaintiffs/appellants is also situated over the suit land which they have been possessing by constructing dwelling houses, a tank since the time of their forefathers. Plaintiff/appellants also constructed a portion of boundary wall on the South-Western portion of their suit land. The defendant/respondent Nos. 1, 2 and 3 in collusion with 4, 5 and 6 attempted to demolish the said wall in existence by force thereby disturbing their possession over the suit land. Under such circumstances, the plaintiff/appellants filed RSA 116 of 2004 the suit for declaration of their right, title and interest and confirmation of possession over the suit land.