DEATH OF ABDUR ROUF HIS LEGAL HEIRS SALEHA KHANAM (WIFE) Vs. DEATH OF NILIMA DAS GUPTAAND HER LEGAL HEIRS PRASANTA DASGUPTA

JUDGEMENT

(1.) Heard the learned counsel, Mr. A. Dhar appearing for the appellant. Also heard Ms. R. Choudhury, learned counsel for the respondents.

(2.) This is a regular second appeal directed against the judgment of the First Appellate Court that was passed in T.A. No. 57 of 2011 by Civil Judge, karimganj.

(3.) Ramendra Narayan Das (the respondent No. 3 herein) filed the T.S. No. 75 of 2007 against Late Nilima Das Gupta (the respondent No. 1 herein), Kulchuma Bibi (respondent No. 2 herein) and Md. Abdur Rouf (the appellant herein) for declaration of his right, title and interest over a plot of land measuring 16 Katas along with a C.I. sheet roofed house standing thereon. This land originally belonged to 3(three) persons namely Md. Motosin Ali, Halima Begum and Md. Assaddar Ali. They sold the land to the respondent No. 3. A registered sale deed was also executed on 24.01.2007. Since then, the respondent No. 3 has been peacefully occupying the said land. He also constructed his residential house over that land. Plaintiff was an employee of the State of Assam and because of his duties, he had to stay away from his house. It is alleged that late Nilima Das Gupta intended to sell the aforesaid land to the respondent Kulchuma Bibi. Thereafter, late Nilima Das Gupta and Kulchuma Bibi tried to dispossess the respondent No. 3 of the land. Therefore, the respondent No. 3 filed the suit before the Court of the Munsiff seeking declaration of his right, title and interest over the said properties.