1. Heard Mr. P.J. Saikia, the learned counsel for the petitioners-plaintiffs and Mr. M. Nath, the learned counsel appearing for the respondents-defendants.

2. The petitioners are the plaintiffs in T.S. No. 116/09, which is pending for disposal in the court of the learned Munsiff No.1, Dibrugarh. In the said suit the petitioners had prayed for a decree of declaration that the defendants are entitled to 1/4th share of land of Late Fariduddin Ahmed, measuring about 62579/2880lessas (almost 7 lessas) out of the entire suit land and each of the plaintiffs is entitled to an equal share in the remaining 3K-41043/960lessas (almost 3 katha 5 lessas) of land out of the entire suit land as legal heirs and successors of Late Nizamuddin Ahmed and Late Fariduddin Ahmed, for perpetual injunction and other reliefs. The respondents-defendants contested the suit by filing written statement cum counter-claim on 12.01.2010. The prayer in the counter-claim was for decree for declaration of right, title, interest and possession of the suit land and premises in favour of the defendants and for declaration that the defendants are entitled to get their names mutated in the records of rig