GANISH MAHATO Vs. TARACHAND SONI

JUDGEMENT

(1.) Heard Shri G.N. Sahewalla, learned Senior Counsel assisted by Shri H.K. Sarma, learned counsel for the appellant. Also heard Shri K. Agarwal, learned Senior Counsel assisted by Shri B. Das, learned counsel for the respondents.

(2.) The present appeal has been preferred against a judgment and decree dated 22.04.2008 passed by the learned Civil Judge, Jorhat in Title Appeal No. 25/2007 affirming the Judgment and Decree dated 27.08.2007 passed by the learned Munsiff No. 1, Jorhat in Title Suit No. 68/2006. The facts in brief may be put in a nutshell as follows:

(3.) The present appellant was the defendant in the suit instituted by the respondents as plaintiffs. The suit namely T.S. 68/2006 was instituted by the appellant/plaintiff for a declaration, injunction and eviction. It may be mentioned that the father of the present appellant(plaintiff) and the defendants are brothers.