HUSSENA HAZARIKA Vs. MOZIDA KHATUN

JUDGEMENT

(1.) THIS is a second appeal filed by the contesting defendants against the concurrent findings of the learned two courts below.

(2.) THREE plaintiffs instituted T.S.No.106/94 in the Court of the learned Munsiff No.1, Nagaon against the present appellant as defendant No.1 and two others co -sharers as proforma defendant Nos. 1 and 2, thereby praying for declaration of right, title and interest over the schedule A to the plaint and for passing a decree for confirming their possession over the said land along with a decree for permanent and temporary injunction restraining the defendant No.1 from interfering with the possession of the plaintiffs.

(3.) ACCORDING to the plaintiffs, Hamidur Rahman Hazarika did not have title over the entire land left behind by Mustafizur Rahman but had title only over 1 Katha 7 Lechas of land. So, he could not have sold 2 kathas 7 lechas to the appellant/defendant No.1. According to the plaintiff, the defendant at best acquired 1 katha 7 lechas of land on the basis of purchase from the aforesaid Hamidur Rahman Hazarika. The two sons of Mustafizur Rahman got 2 / 3rd of the property whereas all the daughters of Mustafizur Rahman inherited one part and thus each son inherited 1 katha 7 lechas each. Under such circumstances, the prayer of the plaintiffs is that they are entitled to declaration of their right, title and interest over the schedule - A land despite execution of the aforesaid sale deed.