NIMBO Vs. SATYABIR SINGH

JUDGEMENT

(1.) THIS is unsuccessful plaintiffs' regular second appeal.

(2.) PLAINTIFFS filed a suit for the declaration to the effect that the decree dated 1.3.1984 passed in civil suit No. 114 of 1984 is null and void and any transaction carried on or entered into by the defendant is also null and void with consequential relief of permanent injunction restraining the defendant from creating any charge or lien upon the suit land or otherwise interfering with their peaceful cultivating possession over the land in any manner. On the basis of pedigree table as given in para No. 2 of the plaint which for facility of reference is hereunder reproduced, the plaintiffs claim themselves to be legal heirs of Smt. Sarupi.

(3.) DEFENDANT vide written statement controverted the material averments made in the plaint as well as took up few preliminary objections, namely; that the suit for mere declaration without seeking possession is not legally maintainable; that the suit of the plaintiffs is bad for mis -joinder and non -joinder of necessary parties; that the plaintiffs have no cause of action against the defendants as Smt. Sarupi was absolute owner of the suit land that the suit has not been properly valued for the purposes of court fee and jurisdiction.