DAMBARU DHAR MEDHI Vs. CHAKRADHAR MEDHI & ORS

JUDGEMENT

(1.) Heard Mr. K. R. Surana, learned counsel for the appellant. Also heard Mr. N. Haque, learned counsel appearing for the respondents.

(2.) This appeal is presented against the judgment and decree dated 28.09.2005, passed by the learned District Judge, Barpeta, in Title Appeal No. 6/2002, confirming the judgment and decree dated 03.06.2002 passed by the learned Civil Judge, Senior Division, Barpeta, in Title Suit No. 9/1995, whereby the suit was partly decreed.

(3.) The case of the plaintiff is that the plaintiff, Dambarudhar Medhi and defendant No. 1, Chakradhar Medhi are sons of Bhuban Chandra Medhi. Defendant No. 2 is the wife of defendant No. 1 and defendant Nos. 3 to 7 are sons of defendant Nos. 1 and 2. Bhuban Chandra Medhi died on 05.08.1991, when he was about 100 years old leaving behind the property as described in Schedule-A to the plaint. Plaintiff is the younger son of Bhuban Chandra Medhi. The plaintiff, in connection with his service, was not residing in his family house but he kept constant touch with his father and other members of the family and took care of Bhuban Chandra Medhi during his lifetime. Bhuban Chandra Medhi was a literate person and he could write his name. It is alleged that with a view to deprive the plaintiff, the defendants got Chitha mutation on 18.12.1985 in respect of land measuring 3 Bigha 3 Lecha of land by a registered batowara. Chitha mutation was obtained on 19.12.90 by the defendant No. 2 on the basis of a gift deed in respect of 1 Bigha 4 Katha 15 Lecha. Bhuban Chandra Medhi did not execute gift deed No. 1931/85, dated 21.11.85, in favour of the defendant No. 2 by putting thumb impression on the gift deed. Another gift deed, being gift deed No. 1932/85, was allegedly executed by Bhuban Chandra Medhi in favour of defendant Nos. 3 to 7 in respect of 16 Bigha 2 Katha 3 Lecha of land by putting thumb impression.