IMPORTANT POINT
The main legal point established in the judgment is the importance of complying with the provisions of law as laid down in Order 41 Rule 31 of the Code of Civil Procedure, which requires the appellate court to state the points for determination, the decision thereon, the reasons for the decision, and the relief to which the appellant is entitled.

JUDGMENT :

Heard Mr. H.K. Sarma, learned counsel appearing for the appellants as well as Mr. B. Islam, learned counsel representing the respondents.

2. This is a Regular Second Appeal under Section 100 of the Civil Procedure Code (CPC) where the judgment dated 03.05.2019 passed by the learned Civil Judge (Sr. Div.) No.3, Kamrup (M), Guwahati in Title Appeal No.27/2017, is under challenge.

3. Late Kahiram Thakuria was the predecessor of the appellants as well as the respondents. He had four sons, namely- Narayan Thakuria, Ram Charan Thakuria, Dharmeshwar Thakuria and Nabin Thakuria.

4. Late Kahiram Thakuria used to purchase plots of lands by the money of the joint income of the family. Sometimes, he also used to sell some of his lands.

5. After the death of Kahiram Thakuria, his sons jointly occupied the lands left behind by him. The sons also, used to purchase lands and sometimes they used to sell their lands.

6. The son Nabin Thakuria (since deceased) had two sons, namely- Kamaleshwar Thakuria and Mohan Thakuria.

7. Late Nabin Thakuria had occupied a plot of land measuring 2 Bighas 2 Kathas and 19 Lechas covered by Dag No.103 of K.P. Patta No.110 situated in Dimoria Mouza in the district of Kamrup.

8. Late Kahiram Thakuria had purchased a plot of land measuring 7 Bighas 9 Lechas in the name of his son Ram Charan Thakuria. The said purchase was made on the basis of a registered sale deed. At that time, it was agreed that the aforesaid land measuring 7 Bighas 9 Lechas shall be transferred and mutated in favour of late Nabin Thakuria.

9. After the death of Nabin Thakuria, his legal heirs continued to reside over the said plot of land by constructing dwelling houses.

10. After the death of Kahiram Thakuria, his four sons started to live separately but the properties left behind by late Kahiram Thakuria, remained unpartitioned.

11. The sons of late Nabin Thakuria used to occupy the aforesaid 2 Bighas 2 Kathas 19 Lechas of land. On the eastern side of this plot of land, the land of one Rabindra Ram Dutta is situated.

12. In the month of March, 1959, Rabindra Ram Dutta wanted to sell his plot of land measuring 4 Bighas 10 Lechas covered by Dag No.102 of KP Patta No.109. Late Nabin Thakuria wanted to purchase the said land. Accordingly, the sale deed was executed on 10.03.1959.

13. After the purchase of 4 Bighas 10 Lechas land covered by Dag No.102 of KP Patta No.109, the total land occupied by late Nabin Thakuria became 7 Bighas 9 Lechas. Late Nabin Thakuria also got himself mutated in the land records.

14. In the year 1974, Ram Charan Thakuria died and in the year 1987, Nabin Thakuria expired.

15. Ram Charan Thakuria had left behind his two sons, namely- Purna Chandra Thakuria and Santaram Thakuria.

16. In the year 1990, Santaram Thakuria died.

17. Santaram Thakuria during his lifetime and Purna Chandra Thakuria had mutated their names in the land records in respect of the joint family property.

18. Since the land, measuring 7 Bighas 9 Lechas was purchased by late Kahiram Thakuria in the name of late Ram Charan Thakuria, during his lifetime Ram Charan Thakuria never staked his claim over the property that was occupied by late Nabin Thakuria.

19. Late Purna Chandra Thakuria, the son of Ram Charan Thakuria, never filed an application for mutation of his land in respect of the land occupied and purchased by late Nabin Thakuria.

20. Although Purna Chandra Thakuria being the son of late Ram Charan Thakuria is entitled to inherit his father’s properties, he did not stake his claim over the properties of late Nabin Thakuria because of a promise made by his father.

21. After the death of Santaram Thakuria, his wife and daughters got their names mutated in respect of the land occupied by Nabin Thakuria and also got the name of Purna Chandra Thakuria deleted from land records. It is alleged that the aforesaid mutation was done without issuing notice to other legal heirs.

22. In the meantime, some portion of the land occupied by late Nabin Thakuria was acquired by