N.CHAUDHURY
Dhirendra Namasudra – Appellant
Versus
On the death of Sonamoni Namasudra @ Kala Sona, his legal heirs Shri Sukumar Roy – Respondent
This second appeal has been preferred by the plaintiffs challenging the concurrent findings of the two learned courts below. Plaintiffs’ suit for declaration of right, title and interest and for preliminary decree of partition was dismissed by the learned trial court on the point of limitation and an appeal preferred there-against was dismissed by the learned first appellate court upholding the findings of the learned trial court. Aggrieved, the plaintiffs have approached this court challenging the concurrent findings of the learned courts below.
2. Two sons and a daughter of late Rajani Namasudra, as plaintiffs, instituted title suit No. 65/1992 in the court of learned Munsiff No. 1 at Silchar against legal heirs of Nayan Namasudra, Bharat Namasudra and Sonamoni Namasudra praying for a decree of declaration of their right, title and interest to the extent of 1B 6K 10Ch in the suit patta measuring 2B 13K 4Ch and also preliminary decree of partition of the suit patta followed by a final decree along with injunction etc. The case of the plaintiffs is that C.S. Patta No. 18 of Mouza Chibitabichia under Pargana Chatla in the district of Cachar was originally issued in the name of
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