NAZIR AHMED BARBHUIYA S/O LT MUKADAR ALI BARBHUIYA Vs. MOULAVI KUTUB UDDIN BARBHUIYA S/O LT IDRIS ALI BARBHUIYA

JUDGEMENT

(1.) THIS appeal by the defendants is directed against the judgment and decree dated 12.08.2011 passed by the learned District Judge, Hailakandi, in Title Appeal No.12/2007, whereby and whereunder the appeal preferred by the present appellants has been dismissed by upholding the judgment and decree dated 07.10.2005 passed by the learned Civil Judge (Sr. Division), Hailakandi, in Title Suit No.61/2000 decreeing the suit of the plaintiffs/respondents.

(2.) THE aforesaid suit was instituted by the plaintiffs for declaration of right, title and interest in respect of Schedule-I land apart from the declaration that the plaintiff No.6 has exclusive right, title and possession over the Schedule-V land and also for permanent injunction, contending inter alia that the land measuring 20 bighas 5 kathas 15 chataks appertaining the cadastral patta No.25 originally belonged to Niar Mia, on whose death the said property devolved on three sons, namely, Kasem Ali, Ismail Ali and Mufij Ali. It is also the pleaded case of the plaintiffs that Kasem Ali died leaving behind his son Idris Ali and after his death the land fell in the share of Kasem Ali devolved on them. It has also been contended that the land fell in the share of Ismail Ali was sold in auction in connection with a Civil Suit, which was purchased by one Bharat Ch. Das Choudhury, which was however later on purchased by Musst. Bibijan Bibi, wife of Ismail Ali from Bharat Ch. Das Choudhury by a registered deed of sale, which land was subsequently purchased by Idris Ali, son of Kasem Ali from Bibijan Bibi by a registered deed of sale on 25.01.1913 and thus Idris Ali, predecessor in interest of the plaintiffs became the owner of 2/3rd share of the land originally belonged to Niar Mia and the remaining 1/3rd belongs to Mufij Ali and thereafter the defendants, who are the descendants of Mufij Ali. THE plaintiffs claimed that as the defendants are claiming title over the land fell in the share of Kasem Ali, they have to file the suit for declaration of right, title and interest.

(3.) THE learned Trial Court upon appreciation of the evidences on record, both oral and documentary, decided the suit in favour of the plaintiffs and decreed the same by holding that Idris Ali was the son of Kasem Ali and as such he inherited the property left behind by Kasem Ali. THE suit of the plaintiffs in respect of the land fell in the share of Ismail Ali was also decreed as the plaintiffs could prove such transfer vide Ext.-9, the registered deed of sale. THE learned Court below also found that the defendants have admitted such transfer.