SATISH CHANDRA BRAHMA Vs. BAGRAM BRAHMA AND ANOTHER

JUDGEMENT

(1.) THIS appeal is from the judgment and decree passed by the learned Assistant District Judge, Dhubri.

(2.) THE plaintiff's case is that the land described in the schedule to the plaint originally belonged to Bijendra Nath Brahma, who had been enjoying the said land. After his death the suit land was inherited by his widow Rauswari Brahmani, pro forma defendant No. 2, and his son Pagla Brahma. Pagla Brahma died leaving his mother defendant No. 2 as the sole heir of the suit land. After coming into force of the Hindu Succession Act on 17th June, 1956, the defendant No. 2 became the absolute owner of the suit property. Defendant No. 2 continued to live with plaintiff Satish Chandra Brahma alias Satindra Brahma, who cultivated the suit land as an "Adhiar". On 5 -2 -1962 the defendant No. 2 made a gift of the suit land to the plaintiff and executed a registered deed of gift and since then the plaintiff had been possessing and cultivating the suit land by virtue of his own right. Thereafter at the instance of the defendant No. 1 a proceeding under Sec. 145. Criminal P. C. was started and the suit land was attached in that proceeding. The Criminal Court in the proceeding under Section 145. Criminal P. C. declared possession in favour of the defendant No. 1 Baigram Brahma. The plaintiff therefore filed the suit for declaration of his right, title and interest in the suit land and for recovery of khas possession.

(3.) ON the pleadings of the parties the following issues were framed by the learned Munsiff.