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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN
Harekrishna Raha S/o Late Sudhannya Mohan Raha – Appellant
Versus
Pratibha Sundari Paul W/o Late Madhusudan Paul – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. I.H. Laskar, learned counsel for the appellants. Also heard Mr. M.J. Quadir, learned counsel for the respondents.
2. In this appeal, under Section 100 of the CPC, the appellants have put to challenge the correctness or otherwise of the judgment and decree, dated 23.12.2013, passed by the learned Civil Judge No.1, Cachar, Silchara (First Appellate Court hereinafter), in Title Appeal No. 34/2009.
3. It is to be noted here that vide impugned judgment and decree, dated 23.12.2013, the learned first appellate Court had allowed the Title Appeal No. 34/2009 and thereby reversed the judgment and decree, dated 19.06.2009, passed by the learned Munsiff No.1, Cachar, Silchar (Trial Court hereinafter), in Title Suit No. 29/2006, whereby the learned trial Court had dismissed the suit of the plaintiffs.
4. Herein, the status of the parties, as indicated in the Title Suit No. 29/2006, is adopted for the purpose of convenience and to avoid confusion.
Background Facts:-
5. The background facts, leading to filing of the present appeal, are adumbrated herein below:-
“One Sudhanya Mohan Raha, predecessor-in-interest of the defendants was the owner of plot of land, un
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