ANOWARA BIBI Vs. SK. NASIRUDDIN

JUDGEMENT

(1.) THIS second appeal is at the instance of the plaintiff/respondent and is directed against the judgment and decree dated August 31, 2009 passed by the learned Civil Judge (Senior Division), 4th Court, Alipore in Title Appeal No.1 of 2007 thereby reversing the judgment and decree dated November 29, 2006 passed by the learned Civil Judge (Junior Division), 1st Additional Court at Alipore in Title Suit No.38 of 2006.

(2.) THE plaintiff instituted the aforesaid suit for declaration of title, permanent injunction and other reliefs against the defendants in respect of the suit property as described in the schedule to the plaint before the learned Trial Judge contending, inter alia, that Sk. Mojahar, husband of the plaintiff was the owner of the suit property. He died leaving the plaintiff, his wife as the sole owner and as such, according to the provisions of Sunni School of Mohammedan Law, she became the absolute owner of the suit property. The defendants are the complete strangers and they have no right, title and interest over the suit property, but, on December 3, 1992 the defendant no.1 along with some men tried to take forceful possession of the suit property by disclosing that Sk. Mojahar gifted the suit property to the defendants by a registered deed of Hebanama dated October 14, 1992.

(3.) THE defendant no.1 is contesting the said suit by filing a written statement denying the material allegations raised in the plaint. It is also the specific case of the defendant no.1 that Khairon Bibi alias Khaironnesha Bibi is the sister of Sk. Mojahar and she has been residing in a portion of the suit property with her husband all along by making a structure thereon for the last 25 years. The defendant no.1 has also contended that he has been residing in the suit premises for the last 25 years. He also asserted that Sk. Mojahar was of sound mind on October 14, 1992 when the Hebanama was executed and registered.