SYED NABAB HUSSAIN Vs. ALKAS ALI

JUDGEMENT

(1.) HEARD Mr. C. K. Sharma Baruah, learned senior counsel representing the appellants/plaintiffs. Also heard Mr. S. K. Barkataki, learned counsel representing the respondents/defendants.

(2.) THIS appeal before the Second Appellate Court is being directed against the judgment and decree dated 10. 9. 1999 in T. A No. 7/99 rendered by the learned Civil Judge (Sr. Dvn.), Nalbari, whereby the decree of dismissal of the suit by judgment dated 23. 6. 1999 and decree dated 30. 6. 1999 in T. S. No. 49/95 rendered by the learned Civil Judge (Jr. Dvn.), Nalbari has been upheld.

(3.) THE case of the appellants/plaintiffs is that the plaintiffs are the raiyats (tenants) of the suit land and raiyati (khatian) has been issued in favour of the father of the plaintiffs, Syed Abdul Mazid in the previous settlement operation. After the death of the recorded raiyat Syed Abdul Mazid, the plaintiffs are possessing the land as his heirs and have been cultivating the land. After the cultivable land was dug out for use in construction of Broad Gauge Railway line, a pond was created and the plaintiffs are in possession thereof and are using the pond for rearing fish. On or about 25. 7. 1995, when the defendants threatened to dispossess the plaintiffs from the suit land, the Title Suit No. 49/95 was filed for declaration of tenancy rights and for confirmation to possession over the suit land along with appropriate applications for injunction.