BHASKAR BAISHYA Vs. USHA RANI BAISHYA

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel for the applicant/appellant and Mr. S Sarma, learned counsel for the opposite party No.1/respondent.

(2.) The plaintiff in Title Suit No.23/2018 instituted in the Court of the learned Civil Judge No.3, Kamrup (M), Guwahati is related to the defendants in the manner that the defendant No.1 is the mother of the plaintiff, the defendant No.2 and 3 are the brothers of the plaintiff and the defendant No.4 is the sister of the plaintiff. In paragraph 2 of the plaint, the plaintiff took the plea that the father of the plaintiff Hansha Nath Baishya, who died on 04.10.2017 leaving behind the plaintiff and the defendants had in the year 1992 purchased a plot of land measuring 2K of Dag No.1101 K.P Patta No.108 of revenue village Betkuchi, Mauza Beltola in the district of Kamrup (Metro) in the name of his wife being the defendant No.1. The further plea taken was that the purchase was made for the benefit of his wife and the children, which also includes the plaintiff. It was pleaded that the defendant No.1 is a house wife and as such has no income of her own to purchase the plot of land. Thereafter, it was pleaded as follows:-

(3.) The specific pleading was that the defendant No.1 is a mere Benamidar of the suit land and as such is not the absolute owner of the land. Thereupon pleadings are made that the defendant No.1 is a co-owner and co-sharer along with the other legal heirs and representatives of the father of the plaintiff. However, based upon such purchase of the land in the name of the defendant No.1, the revenue authorities issued separate Patta in the name of the defendant No.1 in respect of 1K-15L of land.