SUNAHAR ALI Vs. ABDUL RAHMAN

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree dated 12-8-1998 passed by the learned Civil Judge, Senior Division No. 1, Cachar in Title Appeal No. 33/96 affirming the judgment and decree dated 27-6-1996 passed by the Sadar Munsiff, No. 3, Cachar, Silchar in Title Suit No. 193/90.

(2.) The Second Appeal was admitted for hearing on the following substantial question of law:

(3.) Title Suit No. 193/90 was filed by the plaintiffs for declaration of right, title and interest, for eviction of the defendants from the 'Kha' Schedule land and for confirmation of possession over the 'Ka' Schedule land appertaining to Dag Nos. 218 and 219 of second re-settlement survey patta No. 86 Abdul Jabbar during his life time purchased the said land by a registered deed of sale executed on 9-6-1922. The plaintiffs and Abdul Jabbar are members of the joint family and all of them have been in possession of the land since 1922. Abdul Jabbar died leaving his son Basiruddin and daughter Mazmilla Bibi. Mazmilla Bibi died unmarried. Abdul Jabbar, during his lifetime, divorced his wife Saida Bibi who after divorce married one Amir Ali. Basiruddin died leaving his son Moinuddin and daughter Salima Bibi. Salima Bibi also died unmarried. Moinuddin, the only surviving son of Basiruddin being a member of the joint family, continued to possess the suit land on his own right as heir of Abdul Jabbar. Moinuddin was unmarried and he died without leaving any heir. Moinuddin lived along with the plaintiffs on the suit land. On his death, the plaintiffs became the exclusive owner and possessor of the suit land and they continued to possess the suit land by paying revenue. Saida Bibi, the divorced wife of Abdul Jabbar in collusion with the revenue officials got her name mutated. The names of deceased Mazmilla Bibi and Salima Bibi were not cancelled from the revenue records and their names along with the name of Saida Bibi remained. The defendant No. 1 is the son of Amir Ali who had married Saida Bibi after divorce. The defendant No. 2, wife of the defendant No. 1 along with other defendants have been trying to take over the suit land from the possession of the plaintiffs. On 7-4-1990, the defendants with the help of some persons demolished the house constructed by the plaintiff No. 2 and on 16-11-1990 constructed a house on the 'Kha' Schedule land by evicting the plaintiffs. Hence, the suit was filed for declaration of title, confirmation of possession in respect of the 'Ka' Schedule land and for eviction of the defendants from the 'Kha' Schedule land.