JAMALUDDIN AHMED Vs. ANOWARA BEGUM

JUDGEMENT

(1.) THIS Second Appeal has been preferred by the plaintiff of Title Suit No. 24 of 1992 in the Court of learned Civil Judge (Senior Division) at Jorhat. The learned trial Court partly decreed the suit of the plaintiff declaring that the plaintiff and the defendants are cosharers in respect to the suit land being legal heirs of Nawab Ali. The prayer for eviction of the defendants being trespasser of the land was refused. The learned trial court also passed preliminary decree for partition although no prayer was made. Situated thus, the plaintiff preferred Title Appeal No. 3 of 2001 in the Court learned District Judge, Jorhat. On being transferred to the Court of learned Additional District Judge, Jorhat, the appeal was partly allowed by setting aside the decree in regard to partition of the suit property. The learned First Appellate Court held that the plaintiff and the defendants are co -sharers with respect to the land of being legal heir of Nawab Ali.

(2.) MANSAD Ali, the plaintiff instituted Title Suit No. 24 of 1992 in the Court of learned Assistant District Judge (as designated at that time) at Jorhat on 16.03.1992 stating that his father Nawab Ali purchased a plot of land measuring 2 Katha 16 Lechas covered by Dag No. 9201 of Periodic Patta No. 82, out of which 1 Bigha 1 Katha 5 Lechas covered by Dag No. 9159 of Periodic Patta No. 57 of Block No. 14 of Jorhat Town described in Schedule -A to the plaint was gifted to the plaintiff orally and the rest 1 Katha was sold to his daughter Anowara Begum. The suit land falls in Dag No. 9159 which is 1 Bigha 1 Katha 5 Lechas purchased by Nawab Ali in the name of his wife Jarua Bibi who died issueless. Thereafter, Nawab Ali married one Taiban Khatoon @ Tulu Bibi and out of said wedlock 4 daughters, namely, Anowara Begum, Nasia Begum, Monowara Begum & Jaida Khatoon were born. It is the case of the plaintiff that he was born to Jarua Bibi, the first wife of his father Nawab Ali. According to the plaintiff, his father having inherited the property of Jarua Bibi, the defendants being daughter of Nawab Ali's second wife, namely, Taiban Khatoon @ Tula Bibi had no right, title and interest in respect of the land. However, Taiban Khatoon @ Tulu Bibi during her life time was permitted to live in Kutcha house standing on the suit land. After Nawab Ali died the plaintiff made a pucca structure on the same plot of land. Mansad Ali after death of his father Nawab Ali asked Taiban Khatoon @ Tulu Bibi and others to vacate the land. They not only refused to go but started making further construction by inviting other defendants as well. Thus, all the 4 daughters of Nawab Ali born to Taiban Khatoon @ Tulu Bibi and their daughter's respective husbands were impleaded in the suit describing them as trespassers and plaintiff claimed his declaration of right, title and interest exclusively to the suit land and also for recovery of Khas possession for evicting the defendants from the suit land. According to the plaintiff, the defendants were nothing but trespassers in respect to the land.

(3.) THE learned trial court framed as many as 10 issues which are quoted below: