AKBAR ALI KHAN Vs. JAMELA BEGUM

JUDGEMENT

(1.) HEARD Mr. A. R. Sikdar, learned counsel appearing for the appellants. Also heard Mr. A. Sharif, learned counsel appearing for the respondents.

(2.) THIS second appeal is directed against the judgment and decree dated 16.09.2005 passed by the learned Civil Judge (Senior Division), Dhubri in Title Appeal No.36/2004 allowing the appeal, thereby reversing the judgment and decree dated 26.05.2004 and 31.05.2004 respectively passed by the learned Civil Judge ( Junior Division) No.1, Barpeta in Title Suit No.107/2002.

(3.) THE plaintiff/respondents' case in brief in that a plot of land measuring 1 Bigha covered by Dag No.1/425 situated at village Dhanbandha under Ghilajari Mouza was allotted to the plaintiff by the Govt. of Assam under the scheme for allotment of land to poor and landless people. Pursuant to the order dated 08.02.1996 issued by the Revenue Minister, Assam, the aforesaid land measuring 1 Bigha was allotted to the plaintiff which is the suit land described in the schedule to the plaint. It is evident from the records that earlier a large number of villagers from that area had approached this Court by filing different writ petitions including Civil Rule No.514/89 apprehending eviction from the land under their respective possession. In Civil Rule No.514/89 the defendants/appellants, Akbar Ali Khan and Daulat Ali Khan were parties, whereas the plaintiff Abdul Kuddus (since deceased) was one of the petitioners in another similar writ petition pending before the High Court. The aforesaid writ petitions were eventually disposed of by this Court with a direction to the authorities to examine the claims of the writ petitioners for settlement of land in their favour based on their possession and until then the Revenue Authorities were restrained from evicting the writ petitioner therein. It appears that the order of allotment passed in favour of the respondents/plaintiff by the Revenue Minister is in pursuance to the direction issued by this Court by the order dated 12.04.89 passed in the earlier batch of writ petitions.