CHANOWAR HUSSAIN AND ORS. Vs. NURJAHAN BEGUM

JUDGEMENT

(1.) THIS Second Appeal has been preferred against the judgment and decree of reversal dated 31.08.2005 passed by the learned Civil Judge (Senior Division), Barpeta in Title Appeal No. 59/2004 thereby reversing the judgment and decree dated 05.08.2004 passed by the learned Civil Judge (Junior Division) No. 1, Barpeta in Title Suit No. 2/2003.

(2.) THE Second Appeal preferred by the defendant/appellant was admitted by this Court to be heard on the following substantial questions of law: - -

(3.) THE plaintiff's case is that the defendant No. 1, who is a boundary man of the plaintiff, is a greedy person and has forcibly occupied the Schedule -C land by dispossessing the plaintiff on 06.11.2002. Despite repeated requests made by the plaintiff the defendant refused to vacate the Schedule -C land claiming to have purchased the same from the plaintiff vide registered deed of sale bearing No. 193/2000 for a consideration of Rs. 7000/ -. The defendant is also running a mini cinema hall over the said plot of land without having a valid licence. It is also the case of the plaintiff that she could come to know about the registered deed of sale No. 193/2000 only on the date of dispossession of the Schedule -C land. As such, the plaintiff had instituted the suit inter alia, praying for a declaration of her right, title and interest over the 3 katha 15 lechas of land described in Schedule -B to the plaint and also for a decree declaring that the sale deed No. 193/2000 dated 28.01.2000 being a forged document be declared illegal, void and inoperative in the eye of law. The plaintiff has also prayed for consequential decree for recovery of khas possession in respect of the Schedule -C land.