RAHIMUIDDIN AHMED Vs. HAMID ALISAIKIA

JUDGEMENT

(1.) This Second Appeal is filed by the plaintiff/appellant. The plaintiff filed the Title Suit No. 19/89 in the Court of Civil Judge (Jr. Divn.), No. 2 at Mangaldoi praying for the following reliefs:

(2.) The facts on the basis of which the plaintiff made the aforesaid prayer inter-alia are that the suit land measuring 4 kathas 5 lechas covered by dag No. 1260 of patta No. 169/ 150 situated at village Niranchuba, Mouza Rainakuchi in the district of Darrang. The 'ka'schedule land originally belonged to one Baihagu and after his death the entire 'ka' schedule land devolved on his heirs, and it was equally partitioned among the three brothers, namely, the plaintiff-Rahimuddin, Piyar Ali and Bahar Ali. Equal shares of about 3 katha 11 lechas of land fallen amongst the three brothers are shown by a rough sketch map below the schedule 'ka' property in the plaint. Subsequently on the basis of there was a mutual adjustment between the plaintiff and his brother Piyar Ali, the plaintiff had given up 9 lechas of land in favour ofPiyar Ali while retaining with himself 3 kathas 2 lechas and Piyar Ali had 4 kathas in schedule 'ka' land, accordingly.

(3.) It is further pleaded that the plaintiff purchased the share of Bahar Ali the 'kha' schedule land on 1.10.80 vide sale deed no. 11080 for valuable consideration and is enjoying the same by taking delivery of possession. On 20.11.80, Piyar Ali the father of the defendant No. 1 and 2 had mortgaged an area of land measuring 1 bigha 5 lechas to the plaintiff by way of registered deed and delivered possession thereof. From the mortgaged property, on 15.12.84, Piyar Ali sold out 4 kathas of land to the plaintiff by registered deed No. 3912 for valuable consideration and accordingly, the plaintiff became the sole owner and possessor of the entire schedule 'ka' land measuring 2 big has 14 lechas. While the plaintiff was in possession of the suit land, it came to the notice of the plaintiff that by registered deed No. 1172 dated 6.3.85, Piyar Ali without knowledge of the plaintiff sold out 3 kathas 4 lechas out of 2 bighas 6 lechas from Dag No. 1267/1174 of patta No. 241 and also an area of 2 kathas 3 lechas covered by dag No. 169/150 of patta No. 1260 in favour of the defendant and started disturbing the plaintiff.