MD MAKBUL HUSSAIN Vs. KASIM UDDIN

JUDGEMENT

(1.) This appeal by the defendant in Title Suit No.70/1996 is directed against the judgment and decree dated 7th July, 2001 passed by the learned Civil Judge (Senior Division), Barpeta (now Civil Judge) dismissing the appeal by upholding the judgment and decree dated 22nd December, 2000 passed by the learned Civil Judge (Junior Di-vision), Barpeta (now Munsiff), in the said suit, whereby and whereunder the suit of the plaintiffs for declaration of right, title and interest and also for confirmation of possession over the suit land has been decreed.

(2.) The respondents in the present appeal as plaintiff instituted Title Suit No.70/1996 praying for a decree declaring the right, title and interest and confirmation of possession in respect of Schedule-B land, which is part of Schedule-A land, apart from cancellation of the mutation and for issuance of precepts to the revenue authority for correction of revenue records in favour of the plaintiffs, contending inter alia that the land described in Schedule-A originally belonged to Ajgar Ali, the father of the plaintiffs and Koituriban Nessa, mother of the plaintiffs, the right over which the plaintiffs have derived after the death of their parents. It has also been pleaded in the plaint that the plaintiffs' name thereafter was mutated in the revenue records. The plaintiffs, however, in the plaint have pleaded that during the lifetime of their parents, they sold 1 Bigha 1 Katha 5 Lechas of land to the defendant, which is not the suit land. According to the plaintiffs, since the defendant fraudulently got mutation over the land mentioned in Schedule-B on 20th February, 1992, they have to file the suit for declaration of right, title and interest and confirmation of possession, apart from other reliefs sought for, as noticed above.

(3.) The defendant contested the suit by filing written statement contending inter alia that that the plaintiff No.1 and his mother Koituriban Nessa by 2(two) deeds, one dated 20th November, 1991 (Exhibit-Ka) and the other dated 15th November, 1992 (Exhibit-Kha) transferred 1 Katha 12 Lechas as well as 18 Lechas of lands, respectively, and by virtue, of such transfers the defendant has acquired right, title and interest over the suit land.