ABDUL MANNAN Vs. NURUL HUDA

JUDGEMENT

(1.) Heard Mr. Ayush Aditya, learned counsel appearing for the appellants and Mr. Birendra Kumar, learned counsel appearing for the contesting respondents.

(2.) This second appeal has been filed being aggrieved and dissatisfied with the judgment dtd. 18/7/2012 and the decree following thereupon signed on 24/7/2012, passed in Title Appeal No. 07 of 2007, by the learned District Judge-I, Pakur, dismissing the said appeal and thereby confirming the judgment dtd. 3/6/2007 and the decree signed on 10/7/2007, passed in Title Suit No. 40 of 1993, by the learned Sub- ordinate Judge-I, Pakur.

(3.) The Title Suit No. 40 of 1993 was instituted by the respondent-plaintiff for declaration that the plaintiffs and proforma defendant have got their complete right, title and interest in the suit property and further declaration that the registered deed of Hiba-Bil-Ewaz No. 573 of 1945 is legal and valid and the defendant 1st party, 2nd party and 3rd party have no right, title or interest in the suit land and that any subsequent deed or document if created is / are illegal, void and ineffective and for recovery of possession and cost of the suit. The said suit, on contest, was decided and the defendants were directed to restore the possession of the suit lands to the plaintiffs within two months from this order, failing which, the plaintiffs have liberty to get the decree executed through the process of the court.