MD ANOWAR HUSSAIN Vs. MD AZIZUL HAQUE

JUDGEMENT

(1.) THIS appeal by the legal heirs of the original plaintiff is directed against the judgment and decree dated 31st May, 2000 passed by the learned Civil Judge (Senior Division), Goalpara in Title Appeal No.1/2000, whereby and whereunder the appeal preferred by the legal heirs of the defendant No.1 has been allowed by setting aside the judgment and decree dated 15th November, 1999 passed by the learned Civil Judge (Junior Division), No.1, Goalpara in Title Suit No.46/1995.

(2.) THE predecessor-in-interest of the present appellants instituted the aforesaid suit in the Court of the learned Civil Judge (Junior Division), No.1, Goalpara (now Munsiff) praying for declaration of right, title and interest by way of adverse possession and conformation of possession contending inter-alia that Ali Mahmud, the father in-law of the original plaintiff, had the Touzi land measuring 6 Bighas 0 Katha 10 Lechas, which was gifted to his son Bahar Sheikh accompanied by delivery of possession and after the death of Bahar Sheikh, the plaintiff being the widow, has inherited the said property and continued to be in possession. It has also been contended that the husband of the plaintiff and thereafter, the original plaintiff possessing the said land for about 30(thirty) years and in the year 1962, the defendant No.1 mutated her name and trying to dispossess the plaintiff from the land for which the suit, as aforesaid has been instituted. In the said suit, apart from the defendant No.1, the State of Assam as well as the Assistant Settlement Officer by names, were arrayed as the defendant Nos.2 and 3.

(3.) THE Trial Court on the basis of the pleadings framed the following issues for determination:-