SHEHNAJ ARA ULLAH Vs. ZAHIRUDDIN AHMED

JUDGEMENT

(1.) Heard Shri AR Shome, learned counsel for the appellant, who by means of this second appeal preferred under Sec. 100 of the Code of Civil Procedure, 1908 has assailed the impugned judgment and decree dtd. 7/3/2019 passed by the learned Civil Judge, Sivasagar dismissing the Title Appeal No. 7/2018 and affirming the judgment and decree dtd. 21/3/2018 passed in T.S. No. 51/2011 by the learned Munsiff No. 1, Sivasagar. The appellant was the plaintiff in the aforesaid suit which was filed for declaration, eviction and for permanent injunction.

(2.) The case projected in the suit is that the appellant had got the title of the suit property by means of an Oral Gift from one Jushna Begum, who, on the other hand, had got the title transferred upon her by a registered Gift Deed by the Sivasagar Municipal Board. It is submitted that the plaintiff being Mohammadan, Oral Gift is permissible and the said transaction was duly proved in the Court. The suit however has been dismissed and was affirmed by the First Appellate Court on the ground that the donee of the appellant plaintiff was transferred with the title of the aforesaid suit land by a registered Gift Deed by the Municipal Board which was without any authority or jurisdiction as the land in question was Government land.

(3.) The learned counsel for the appellant has submitted that though the Lat Mandal had adduced evidence as DW-7 and had deposed that the land in question was protected Government land, in his cross examination he had however admitted that he did not get the relevant document in that regard. He accordingly submits that the findings in this regard by both the learned Court below is not based on the materials on record and therefore the appeal is required to be considered on merits.