The plaintiff/respondent filed Title Suit No. 232/2007 against the defendants/ petitioner nos. 1 & 2 for declaration of her right, title and interest, recovery of possession etc. The suit was decreed against the defendants/ petitioner nos. 1 & 2 who are the brothers of the plaintiff/ respondent. Title Execution Case No. 11/2011 was initiated and the decree passed in Title Suit No. 232/2007 which was affirmed by the first appellate court and second appellate court, the plaintiff/ respondent was put to possession over the decreetal land on 11.04.2012. On 08.11.2012 the plaintiff/ respondent was forcefully dispossessed by the present petitioners and as a result the plaintiff/ respondent was constrained to file Title Suit No. 13/2013 (old) which was renumbered as Title Suit No. 38/2016 (new) in the court of learned Munsiff, Hatsingimari, Dhubri. The present defendants/ petitioners in Title Suit No. 38/2016 are relatives of the plaintiff/ respondent. The defendants/ petitioner nos. 1 & 2 in T.S. No. 38/2016 are the brothers, and the rest defendants/ petitioner nos. 3 to 11 are the sons and daughters of the said defendants/ petitioner nos. 1 & 2. The said suit was filed under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as ‘the Act’) for recovery of possession which as per the plaintiff/ respondent she was dispossessed from the suit land after she was delivered possession in the decree passed in Title Suit No. 232/2007. The defendants/ petitioner nos. 1 & 2 filed their joint written statement and on the other hand, the defendants/ petitioner nos. 3 to 11 filed a separate written statement.
