IMRAN HUSSAIN Vs. MONNAF ALI

JUDGEMENT

(1.) Heard Mr. SK Ghosh, learned counsel for the petitioner and Mr. M.H. Rajbarbhuiyan learned counsel for respondent Nos.1 to 4 as well as Mr. A Mannaf, learned counsel for respondent No.7(i).

(2.) This is an application under Article 227 of the Constitution of India, challenging the order dtd. 7/2/2019 passed by the learned Civil Judge, Goalpara in Title Appeal No. 07/2017 whereby the application filed by the respondent No.4 for examining the thumb impression of the original defendant No.1 late Bastuallah Seikh appearing in exhibit-1 i.e, the deed of sale bearing deed No.1173/1179 dtd. 6/3/1978 was allowed at the appellate stage.

(3.) The facts of the instant case for the purpose of the disposal of the instant proceeding is that the petitioner as plaintiff has instituted a suit for declaration their of right, title and interest and for recovery of possession which was registered and numbered as Title Suit No. 4/2009 before the Court of the learned Munsiff No.1, Goalpara. In the said suit, it is the case of the plaintiff that late Bastullah Seikh had executed the deed of sale on 6/3/1978 in respect to the suit land in favour of the plaintiff and thereafter handed over the possession to the plaintiff after a few days. The plaintiffs continued to remain in possession till 6/12/2008 when the defendants dispossessed the plaintiffs for which he had instituted the aforementioned suit. The defendants in the suit, filed a joint written statement stating inter alia that the defendant No.1 neither executed any sale deed nor delivered possession in favour of the plaintiff as alleged. Issues were framed and evidences were led and thereupon the trial Court vide the judgment and decree dtd. 11/4/2017 decreed the suit in favour of the plaintiff declaring that the plaintiff is the owner of the suit land and also for delivery of khas possession. It may be relevant herein to mention that the original deed of sale bearing deed No.1179/1173 dtd. 6/3/1978 was exhibited as exhibit-1.