BANDANA PATOWARY Vs. MANEKA MEDHI

JUDGEMENT

(1.) Heard Mr. D. Mozumdar, learned senior counsel, assisted by Mr. J.H. Saikia, learned counsel for the appellant and Mr. A. Biswas, learned counsel for the respondents.

(2.) This appeal under Section 96 CPC is directed against the judgment and decree dated 31.07.2014, passed by the learned Civil Judge No.3, Kamrup (M), Guwahati in Title Suit No. 303/2009, by which the suit of the appellants- plaintiffs was partly decreed. The challenge is only against that part of the decree by which it was held that the plaintiffs do not have any right, title and interest over Schedule-B land.

(3.) The case projected in the plaint, amongst others, is that Late Rajani Kanta Medhi, the predecessor-in- interest of the parties, during his lifetime, was the owner of three plots of land which is morefully described in Schedule-A, B and C of the plaint. He left behind three daughters and one son. The son, namely, Late Dharani Medhi, was the husband of the respondent No.1 and father of respondents No.2 and 3. The suit was for partition, recovery of possession and for permanent injunction and it was claimed that the entire land be partitioned in four shares and that the appellants- plaintiffs would be entitled to 3/4th share thereof and the respondents would be jointly entitled to the remaining 1/4th share thereof, being the share of Late Dharani Medhi. Projecting that the respondents were quarrelsome and wanted to grab the property, it was prayed in the plaint for (a) a decree for declaration declaring the plaintiffs' right, title and interest over the Schedule A, B and C land; (b) for a decree of partition of the land described in Schedule A, B and C of the plaint in metes and bounds; (c) for a decree for recovery of possession of the respective share of the plaintiffs' land after partition; (d) for a decree for permanent injunction restraining the defendants, their men, agents and servant from disturbing the peaceful possession of each of the plaintiffs in their respective share of the land after partition; (e) for a decree for cost of the suit, etc.