ON THE DEATH OF ABDUL AHAD HIS LEGAL HEIRS ARE Vs. ON THE DEATH OF NUR MAHAMMAD HIS LEGAL HEIRS NUR MAHAN NESSA AND OTHERS

JUDGEMENT

(1.) Heard Mr. B. Banerjee, learned Sr. counsel assisted by Mr. A. Mubarak, learned counsel for the petitioner. I have also heard Mr. M.U. Mondal, learned counsel representing the respondents.

(2.) The judgment and decree dated 31-07-2013 passed by the Munsiff No. 1, Dhubri in Title Suit No. 32/1987 (subsequently re-numbered as Title Suit No. 375/2006) , filed under Section 6 of the Specific Relief Act, 1963 is under challenge in this revision petition.

(3.) This is the third round of litigation between the parties pertaining to the same plot of land and therefore, it would be necessary to briefly narrate the factual backdrop of this case. It appears from the record that the respondents had earlier instituted Title Suit No. 107/1983 seeking a decree for declaration of their right, title and interest over a plot of land measuring 03B-1K-10'L covered by Dag No. 534 of Khatian No. 406 described as the 'A' schedule land and also for a decree for ejectment of the defendants from the plot of land measuring 02K falling within the 'A' schedule land which was described as schedule 'B' land. The suit was decreed on 03-07-1985 pursuant whereto, Title Execution Case No. 25/1985 was started for execution of the decree. It is the claim of the respondents/ plaintiffs that the revision petitioner/ defendant was dispossessed from the 'B' schedule land in execution of the decree dated 03-07-1985 which claim has, however, been stoutly denied by the revision petitioner/ defendant.