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2010 Supreme(Gau) 233

I.A.ANSARI
Sarada Mohan Das – Appellant
Versus
Dharma Sarma – Respondent


Advocate Appeared:
For Appellant/Petitioner/Plaintiff:M.H. Rajbarbhuiyan, A. Mannaf and N.A. Laskar, Advocates
For Respondents/Defendant:M.A. Laskar, I.H. Laskar, P.K. Deka, I. Krishnatraiya and K. Newar, Advocates

Judgment

Iqbal Ahmed Ansari, J.

1. I have heard Mr. M.H. Rajbarbhuiyan, learned counsel for the appellants-plaintiffs, and Ms. PK Deka, learned counsel, appearing on behalf of the respondents-defendants. By preferring this appeal, the plaintiffs- appellants have put to challenge the judgment and decree, dated 24.02.2003 and 07.03.2003, respectively passed by the learned Civil Judge (Senior Division), Hailakandi, in Title Appeal No. 20 of 1995, dismissing the appeal and thereby upholding and affirming the judgment and decree, dated 27.06.1995 and 10.07.1995, respectively, whereby the learned Civil Judge (Junior Division) had dismissed the suit.

2. The case of the plaintiffs-appellants is, in brief, thus: On the request of the defendant-respondent No. 1, the predecessor-in-interest of the present appellants, namely, Sarada Mohan Das, had allowed the defendants to stay in a room on the western varanda of his house as monthly tenant In the absence of plaintiff and his family members, the defendants trespassed into the main room of the house and when the wife of said Sarada Mohan Das asked the defendants to hand over the possession of the house, the defendants assaulted her, whereupon the

































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