B.P. Katakey

1. This appeal by the plaintiffs is directed against the judgment and decree dated 24th May, 2001 passed by the learned Civil Judge (Senior Division), Morigaon in Title Appeal No. 21/1999 allowing the appeal preferred by the defendants by setting aside the judgment and decree dated 13th October, 1999 (decree drawn on 14th October, 1999) passed by the learned Civil Judge (Junior Division) No. 1, Morigaon (now Munsiff), in Title Suit No. 5/1994, Whereby and whereunder the plaintiffs' suit was decreed. The appellants as plaintiffs instituted Title Suit No. 5/1994 in the Court of the learned Civil Judge (Junior Division) No. 1, Morigaon against the present respondent Nos. 1, 3, 4 and the predecessor-in-interest of the present respondent Nos. 2(1) to 2(6), namely Baneswar Bordoloi @ Kaneswar, for declaration of right, title and interest in respect of the land measuring 7 bighas 8 katha 5 lechas comprising in 2 (two) dags, i.e. 1 bigha 8 katha 3 lechas in dag No. 330 and 6 bighas 0 katha 2 lechas in dag No. 331, covered by Period Patta No. 72(new)/36(old) relating to the survey for the period 1967-68/1971-72 of Kahuaati Kissan, Silpukhuri mouza in the district of Mori