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2021 Supreme(Gau) 398

KALYAN RAI SURANA
Legal Heirs of Jadab Chandra Paul – Appellant
Versus
Keshab Chandra Paul – Respondent


Advocates:
Advocate Appeared:
For the Appellant :S.D. Purkayastha, Advocate

JUDGMENT :

Kalyan Rai Surana, J.

1. Heard Mr. S.D. Purkayastha, learned counsel for the appellant at the stage of hearing under Order XLI Rule 11 CPC.

2. This appeal under section 100 CPC is directed against the first appellate judgment and decree dated 11.02.2020, passed by the learned Civil Judge No. 1, Cachar, Silchar in Title Appeal No. 7/2016, thereby dismissing the appeal and affirming the judgment and decree dated 19.12.2015, passed by the learned Munsiff No. 2, Cachar, Silchar in T.S. No. 57/2008 with modification.

3. The appellants herein were arrayed as the defendant nos. 1(i), 1(ii), 1(iii) and 2 in the suit, which was instituted by the respondent no. 1 herein. The proforma respondent no. 2 was arrayed as proforma defendant no. 2 in the suit The suit was for declaration of right, title, interest, recovery of khas possession and for consequential relief in respect of 1/4th share over land described morefully in the schedule of the plaint. The respondent no. 1 had also prayed for appointment of Commissioner for preparation of allotment of his share under the preliminary decree and for final decree. In the plaint, it was claimed that the suit land was jointly purchased by the r

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