MUSTAFA SAHIDUL ISLAM Vs. MANUWARA BEGUM

JUDGEMENT

(1.) Heard Mr. P.K. Kalita, learned Sr. Counsel appearing for the appellant/plaintiff. Also heard Mr. A. Biswas, learned counsel for the respondents/defendant.

(2.) This appeal under Sec. 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 has been preferred against the impugned Judgment and Decree, dtd. 31/7/2019, passed by the learned Civil Judge, Morigaon, in T.S. No. 4/2017, whereby dismissed the suit of the appellant/plaintiff.

(3.) The case of the appellant/plaintiff in a nutshell is that he and the respondent Nos. 1 to 3, who are his sister, brother in-law and nephew respectively, are co-sharers/co-pattadars of a plot of land measuring 1 Bigha 1 Katha out of 2 Bighas covered by Dag No. 60 of Periodic Patta No. 109 of Moirabari Town Kissam under Moirabari Mouza in the District of Morigaon, Assam, which is hereinafter referred to as the suit land. The appellant and the respondent No. 2 acquired 1 Bigha of the suit land from the previous owner and pattadar, namely Geeta Kumari Borah by right of purchase while the respondent Nos. 2 and 3 acquired rest of the 1 Bigha of the suit land by right of purchase from said Geeta Kumari Borah. The entire 2 Bighas of land was jointly possessed by the appellant and the respondent Nos. 1 to 3 having their respective houses and shops over it, which are rented out to different tenants. But, the respondent Nos. 1 to 3 taking advantage of absence of the appellant, who resides in Guwahati in connection with his profession, sold off 1 Bigha 1 Katha of land out of the 2 Bighas to the respondent Nos. 4 to 6 by executing a sale deed bearing sale deed No. 348, dtd. 13/2/2017.