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1992 Supreme(Gau) 47

D.N.BARUAH
On The Death of the Sole Suranjan Deb, His Heirs Smti Sushama Rani Dey and Others – Appellant
Versus
Mustt Hamida Khatun Choudhury and Others – Respondent


Advocates Appeared:
N.M.Lahiri, A.K.Purakayastha, C.R.De, D.Choudhury, G.N.Sahewalla, N.Choudhury

This revision petition is directed against the appellate judgment and decree dated 29.3.85, passed by the Assistant District Judge, Karimganj, in Title Appeal No. 48 of 1983 dismissing the appeal and affirming the judgment and decree dated 10.3.88 passed by the Munsiff No. 1, Karimganj in Title Suit No 134 of 1980. The Munsiff decreed the suit.

2. Suranjan Deb - the predecessors-in-interest of the present petitioners was the first defendant in the trial court. The first to third Opposite Party as plaintiff brought a suit in the court of the Munsiff No. 1, against said Suranjan Deb and fourth to sixth Opposite Party and Rajat Das, as defendants for their eviction from the suit property and also for recovery of Rs. 600/- from the first defendant with interest. The defendants appeared in the suit. Suranjan Deb as first defendant filed written statement denying the allegations. The second to fourth defendant filed written statement. Issues were framed by the trial court. During the trial, the plaintiffs examined one witness and first defendant also examined one witness on his behalf. After conclusion of the trial, the Munsiff decreed the suit on contest.

3. The first defendant preferred
























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