MUMTAZ BEGUM Vs. MAZAHARUL HOQUE @ MUKUL

JUDGEMENT

(1.) This appeal is directed against the judgment and decree, dated 04.04.2002, passed by the learned District Judge, Goalpara, in Title Appeal No. 1/94, affirming the judgment and decree, dated 28.08.1993, passed by the learned Munsiff No. 1, Goalpara, in Title Suit No.51/87.

(2.) The appellant is the plaintiff No. 1 in the suit. The suit was filed by the plaintiff No. 1 as well as the Plaintiff Nos. 2 & 3, who were the minor sons of the plaintiff, being represented by the plaintiff No. 1, as their friend and guardian for right, title, interest and khas possession of the suit land measuring 1 katha 11 lechas.

(3.) The case set out in the plaint is that the suit land was recorded in the name of the husband of the plaintiff No. 1, namely, late Abdul Kashem, and after the demise of late Abdul Kashem, the plaintiff No. 1, along with her two minor children began to stay in the suit land. The defendant is a distant relative of the husband of the plaintiff No. 1 and he, being very poor, requested the plaintiff No. 1 to grant permission to him to stay in the suit land.