NURUZZAMAN SK AND ORS Vs. MONOWARA BEWA

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel appearing for the appellants. Also heard Mr. S. Nath, learned counsel who had appeared in this case on behalf of the respondents.

(2.) This Second Appeal has been preferred against the concurrent judgment and decree dated 27.10.2006 passed by the Court of learned Civil Judge, Dhubri in Title Appeal No.27/2005 affirming the judgment and decree dated 107.2005 passed by the learned Civil Judge (Junior Division) No.1, Dhubri in Title Suit No.71/1999 whereby the counter-claim filed by the present appellants/defendants was dismissed on the ground that the same was barred by limitation.

(3.) The facts of the case, as projected through the pleadings, in a nutshell, are that the respondents as plaintiffs had instituted Title Suit No.71/1999 against the present appellants as defendants in the Court of learned Civil Judge (Junior Division) No.1, Dhubri inter-alia praying for a decree declaring their right, title and interest over the suit land and also for restoration of possession. The appellant Nos.1 and 2, who are the husband and wife, were impleaded as defendant Nos.1 and 2 respectively in the said Title Suit.