REZIA BEGUM Vs. NAZIM BANO AHMED

JUDGEMENT

(1.) Heard Mr. P.J. Saikia, the learned counsel for the petitioners- plaintiffs and Mr. M. Nath, the learned counsel appearing for the respondents- defendants.

(2.) The petitioners are the plaintiffs in T.S. No. 116/09, which is pending for disposal in the court of the learned Munsiff No.1, Dibrugarh. In the said suit the petitioners had prayed for a decree of declaration that the defendants are entitled to 1/4th share of land of Late Fariduddin Ahmed, measuring about 62579/2880 lessas (almost 7 lessas) out of the entire suit land and each of the plaintiffs is entitled to an equal share in the remaining 3K-41043/960 lessas (almost 3 katha 5 lessas) of land out of the entire suit land as legal heirs and successors of Late Nizamuddin Ahmed and Late Fariduddin Ahmed, for perpetual injunction and other reliefs. The respondents- defendants contested the suit by filing written statement cum counter-claim on 12.01.2010. The prayer in the counter-claim was for decree for declaration of right, title, interst and possession of the suit land and premises in favour of the defendants and for declaration that the defendants are entitled to get their names mutated in the records of right in respect of the entire suit land, and other reliefs. Thereafter, the plaintiff prayed for amendment of the plaint, which was allowed and the amended plaint was filed on 10.05.2011. The suit was heard and dismissed and the counter-claim was allowed by the learned trial court by judgment and decree dated 07.12.2012.

(3.) Being aggrieved by the decree of the counter- claim, the petitioner filed an appeal, being TA No. 16/2013. The learned Civil Judge, Dibrugarh, by its first appellate judgment dated 25.08.2014, allowed the appeal and the matter was remanded back to the trial court with a direction to frame additional issues as reflected in para 25, 26 and 27 of the judgment and to decide the matter afresh. The additional issues were -