PODALI RABHA Vs. DAYABATI RABHA

JUDGEMENT

(1.) Heard Mr. S.K. Ghosh, learned Counsel for the appellants. Also heard Mr. A. Adhikari, learned counsel for the respondents.

(2.) The plaintiff has filed the second appeal against the judgment and decree dated 21.06.2006, passed by the learned District Judge, Goalpara in Title Appeal No. 2/2003, dismissing the appeal and upholding the judgment and decree dated 23.05.2003, passed by the learned Civil Judge (Senior Division), Goalpara in Title Suit No. 6/2000, whereby the suit of the plaintiff was dismissed.

(3.) The defendant No. 1 in the suit is daughter of Hemkanta Rabha and defendant No. 2 is her husband. Defendant No. 3 is a villager of the same village, of which, the defendant Nos. 1 and 2 are resident. Plaintiff Bhabani Prasad Rabha, Hemkanta Rabha and Bhong Rabha were three brothers. Bhong Rabha is the owner and possessor of 22 Bigha 3 Katha 1 Lecha of land as described in the schedule of the plaint. Bhong Rabha died in the year 1990 unmarried, leaving his two brothers as heirs. It was alleged in the plaint that the plaintiff was dispossessed from 4 Bigha 1 Katha 5 Lecha of land on 06.07.1999, which he was possessing during the life time of Bhong Rabha and the land was also mutated in his name. It is also alleged that defendant No. 3 along with other persons had been obstructing the plaintiff from taking possession of the land. It is the pleaded case of the plaintiff that the plaintiff is entitled to properties left behind by Hemkanta Rabha as he died leaving no male issue and survived by only defendant No. 1 daughter, who was also married, in view of the fact that according to old Hindu law and Rabha Customary Law, a married daughter is not entitled to inherit the properties of her father. Thus, the claim set up is that the plaintiff is entitled to the entire property which earlier belonged to Late Bhong Rabha.