MD. YASIN Vs. ASRAF ALI

JUDGEMENT

(1.) This Second Appeal has been directed against judgement and decree dtd. 3/4/1984 passed in Title Appeal no. 11 of 1980. By the impugned judgment the learned court below affirmed the order of dismissal of the suit passed by the Trial court in Title suit no. 157 of 1977 dtd. 28/11/1979.

(2.) Plaintiff's case in brief is that predecessor of the plaintiff Sk Md. Yasin filed a suit for declaration of his 16 anas share in all the seven item mentioned properties described in the schedule to the plaint. It is stated in the plaint that plaintiff/appellant and the defendant/respondent are brothers by relation and who are sons of Umed Ali. Plaint case is Plaintiff got Rs.20.00 in one ceremony called 'mukhdekhani' at the time of his birth and Rs.40.00 at the time of another religious ceremony called 'sunnat' as gift from his relatives and said money was lying deposited with his father. Plaintiffs specific case is, he purchased the property mentioned in item no. 1 of the schedule to the plaint from that money lying deposited to his father in 1329 BS.

(3.) Further case of the plaintiff is that from the earnings, derived from the said purchased property of the plaintiff and also with the help of his earnings as manual labour, plaintiff purchased the properties mentioned in the item no. 2 of the schedule to the plaint on 29th Baisakh 1339 BS at a salami of Rs.16.00 by virtue of deed, marked exhibit 6, which was executed by Sk. Amjed Ali, who was authorized by the owner to execute the deed. Since then plaintiff has been possessing the same exclusively and adversely to others.