ATAUR RAHMAN CHOUDHURY Vs. MSSTT. SAFIJAN BIBI

JUDGEMENT

(1.) THIS appeal by the defendant No.2 is directed against the judgment and decree dated 02.02.2000 passed by the learned Civil Judge (Senior Division), Sonitpur at Tezpur, in Title Appeal No.9/1993, whereby and whereunder the appeal preferred by the defendant Nos.1, 2 AND 3 has been dismissed by affirming the judgment and decree dated 11.02.1993 passed by the learned Munsiff No.1, Tezpur, in Title Suit No.9/1990.

(2.) The plaintiff/respondent Safijan Bibi instituted Title Suit No.9/1990 for declaration of her right, title and interest and for confirmation of possession over the suit land described in the plaint, contending inter alia that the defendant No.1, who was the owner and possessor of the suit land, initially transferred the same in favour of the defendant No.3 by a registered deed of gift dated 13.09.1968, who, thereafter, vide registered deed of sale dated 28.07.1975 transferred the suit land in favour of the plaintiff, thereby the plaintiff has acquired the right, title and interest over the suit land. It has also been contended that though the plaintiff's name, by virtue of such purchase, was initially mutated in the revenue records on 05.03.1981, the said mutation was cancelled at the instance of the defendants vide order dated 19.08.1981, which was set aside vide order dated 22.11.1983 by the Settlement Officer on the basis of the appeal filed and remanded the matter to the Asstt. Settlement Officer for fresh decision. According to the plaintiff, the Asstt. Settlement Officer subsequently passed the order of mutation in favour of the defendants and though the plaintiff filed an appeal before the Settlement Officer, the same has been dismissed on 27.01.1987. It has further been pleaded that the defendant No.2, thereafter, instituted a proceeding under Section 145 Cr.P.C. wherein the learned Executive Magistrate on 15.03.1986 passed an order of attachment. According to the plaintiff the cancellation of the mutation has clouded his title over the suit land, for which the suit has been filed for passing the decree as noticed above.

(3.) ON the basis of the pleadings of the parties, the following issues were framed by the Trial Court for determination:-