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2002 Supreme(Gau) 130

AMITAVA ROY
Phulmati and and Ors. – Appellant
Versus
Bidyut Jyoti Dutta Choudhury and Ors. – Respondent


Advocates Appeared:
S.C.Kayal, S.K.Ghose , R.C.Paul, N.Choudhary, D.Majumdar, S.Saikia

AMITAVA ROY, J.-

The present revision petitioners are plaintiffs in Title Suit No. 175/98 filed in the Court of learned Civil Judge (Junior Division) No. 1, Karimganj praying for a decree inter-alia for declaration of their jote right over the suit land and for a further declaration that the judgment and decree obtained by the opposite party No. 1 in Title Suit No. 68 of 1967 and Title Suit No. 34 of 1968 from the Court of Munsiff, Karimganj against the opposite party No. 2 to 6 and the proceedings of the Title Execution case No. 3 of 1998 are illegal, null and void and in -operative in law. They also prayed for a permanent injunction restraining the opposite party No. 1 from dispossessing them from the suit land by executing the decree obtained in the above mentioned suits. Along with the plaint they also filed an application under Order 39 Rule 1 and 2 CPC for temporary injunction restraining the opposite party No. 1 from executing the decree in the aforesaid suits.

2. Their case in short, in the plaint is, that the manager of the opposite petty No. 1 gave jote settlement of the suit land to one Muslim AH and his wife Joyful Bibi by executing a registered deed No. 2364 dated 23.2.1












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