MOFIDA KHATUN Vs. TASLIMA BEGUM HAZARIKA

JUDGEMENT

(1.) HEARD Mr. B. Kauskhik, learned counsel appearing for the appellants. Also heard Mr. D. Das, learned senior counsel assisted by Mr. A. Das, learned counsel for the respondent.

(2.) THIS appeal has been preferred against the judgment and decree of reversal passed by the learned Civil Judge, (Senior Division), Jorhat in Title Appeal No.3/2000 by setting aside the judgment and decree dated 1.3.2000 passed by the learned Civil Judge (Junior Division) No.1 Jorhat in Title Suit No.21/97.

(3.) THE case of the plaintiff/respondent in brief is that the plaintiff is the granddaughter of Dr. Mehta Hussain, who was the original owner of the suit land. After the death of Dr. Mehtab Hussain, the suit property devolved upon his wife, Nafisa Khatoon (since deceased). The plaintiff had been taken care of by the wife of Dr. Mehtab Hussain i.e., Nafisa Khaton and she has been brought up by Nafisa Khatoon as her adopted child since the time the plaintiff was aged 2 years. It is the case of the plaintiff that during her life time, Nafisa Khaton had let out a two room house standing over the suit land to one Ranjit Chakrabarty (since deceased) and one Babuli Bora on condition of payment of monthly rents. Nafisa Khatoon executed a registered power of attorney bearing No.936 dated 26.06.88 in favour of the plaintiff empowering and authorizing her to look after her entire property and to collect rent from the tenants.