MOHAMMAD ALI Vs. JAGADISH KAKITA

JUDGEMENT

(1.) This appeal is directed against a judgment and decree dated 20. 5.1991 passed by Gauhati High Court dismissing the Second Appeal preferred by the appellant herein. Background Fact

(2.) Md. Sadagar Sheikh was the original owner of the suit premises. He transferred the same to Gayaram Kalita and Kashiram Kalita. The premises in suit, thus, owned and possessed by the said Gayaram Kalita and kashiram Kalita, who were brothers. By reason of a registered deed of partition dated 1.12.1938, the structures standing on the land in suit being holding Nos. 522 and 523 of the nalbari Municipality were divided into half and half, each measuring 5 lechas. Prafulla Kalita, son of Gayaram Kalita, allegedly, amalgamated both the said holdings and got them registered in his name as holding No. 121 in the records of Nalbari Municipality. Holding No. 522 was sold and portion of holding No. 523 was leased out in favour of the respondent No. 3 by prafulla Kalita.

(3.) Upon the death of Md. Sadagar Sheikh, however, his sons got the lands mutated in their favour in mutation case No. 414/70-71 in terms of an order of the Sub Divisional Officer of the Nalbari Municipality.