NURJAHAN BEWA Vs. MANIR S.K.

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree passed by the learned District Judge, Maldah in Title Appeal No.2 of 2009 modifying in part the decree passed by the trial Court.

(2.) At the time of admission of the appeal, the following substantial question of law was framed :

(3.) One Ablesh Seikh instituted a suit for declaration of title and permanent injunction. On the death of Ablesh Seikh, Nurjahan Bewa as mother of the said plaintiff was substituted as plaintiff. In the original plaint the case made out by the plaintiff appears to be that the suit property originally belonged to one Salim Seikh, the father of the original plaintiff. During his lifetime, he executed a registered Heba Bill Aewaz in favour of the original plaintiff. Thereafter, Salim Seikh died leaving behind his wife Nurjahan and his son Ablesh as his only legal heirs. Since Ablesh was minor at the time of death of his father, his mother Nurjahan used to look after the properties inherited by him from his father Salim as well as the suit property which he had acquired under the said Heba. The defendants have no right in the suit property. The defendants were disturbing the peaceful possession and enjoyment of the property by the original plaintiff and thereafter by the present plaintiff in various manner. The plaintiff's title to the property by reason of such interference by the defendants has become clouded.