SURENDRA CHANDRA PAUL Vs. SUNIL CHANDRA PAUL

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the judgment and decree dated 5th January, 2000 passed by the learned District Judge, Bongaigaon in Title Suit No. 17/1994, whereby and whereunder the suit of the plaintiff was dismissed.

(2.) The appellant as plaintiff instituted the aforesaid suit being Title Suit No. 17/1994 in the Court of the learned District Judge, Bongaigaon claiming right, title and interest in respect of 3 Bighas 2 Kathas 18 Lechas of land and also for recovery of Khas possession in respect of the land measuring 2 Bighas 1 Katha 18 Lechas, which is part of the aforesaid 3 Bighas 2 Kathas 18 Lechas of land, contending inter alia that on 9th January, 1974 he along with the proforma defendant No. 4 purchased the plot of land measuring 4 Bighas 1 Katha 14 Lechas from one Anowar Hussain by registered deed of sale (Exhibit-2) and on 27th February, 1976, he alongwith the proforma defendant Nos. 4 and 5 purchased the plot measuring 4 Bighas 1 Katha 3 Lechas from one Kutub Uddin Sheikh by a registered deed of sale (Exhibit-1). According to the plaintiff, out of the land measuring 4 Bighas 1 Katha 14 Lechas, which has been purchased on 9th January, 1974 (Exhibit-2), he is entitled to half and in respect of the land measuring 4 Bighas ] Katha 3 Lechas, which was purchased vide Exhibit-1, he is entitled to l/3rd and thereby entitled to right, title and interest over the total land of 3 bighas 2 Kathas 18 Lechas. It is also the pleaded case of the plaintiff that on 8th December, 1993, taking advantage of his absence, the defendant Nos. 1 to 3, who are his brothers trespassed into the land measuring 2 Bighas 1 Katha 18 Lechas, described in Schedule-B, which is part of 3 Bighas 2 Kathas 18 Lechas of land described in Sched-ule-A and though they were asked to vacate the land, they having not done so, the suit has to be filed.

(3.) The defendant Nos. 1 to 3 contested the suit by filing written statement contending inter alia that the plaintiff and the defendants being brothers are the members of the Hindu joint family and the Karta of the family, who was the eldest brother, namely Rudreswar Paul, purchased the aforesaid land vide Exhibit-1 and Exhibit-2 sale deeds in the name of the plaintiff and the proforma defendant Nos. 4 and 5 out of the family fund, when the plaintiff and the proforma defendant Nos. 4 and 5 were minor. The defendants, therefore, pleaded in the written statement that they are also entitled to the share in the said land.