DIPU LASKAR Vs. SAJJAD ALI CHOUDHURY

JUDGEMENT

(1.) THE plaintiff/respondent instituted Title Suit No. 10/2004, under Section 6 of the Specific Relief Act, 1963 (in short, "the Act") for recovery of possession of the suit property contending inter alia that the plaintiff and the proforma defendant Nos. 7 and 8, who were possessing the land through the plaintiff, were forcibly dispossessed without their consent by the principal defendants/petitioners on 28. 12. 2003. The principal defendants/petitioners filed the written statement denying the claim of the plaintiff/respondent and contending inter alia that since the plaintiff has 2 (two) other sisters, the suit, in their absence, is not maintainable and that the defendants are in possession of the suit property since before and they never came into possession on 28. 12. 2003 by dispossessing the plaintiff/respondent therefrom as claimed.

(2.) THE learned Trial Court upon appreciation of the pleadings of the parties framed the following issues :-

(3.) I have heard Mr. B. C. Das, learned Senior Counsel for the defendants/petitioners and Mr. M. K. Choudhury, the learned Senior Counsel appearing on behalf of the plaintiff/respondent.