ARBESH ALI Vs. ABER ALI

JUDGEMENT

(1.) HEARD Mr. A.K. Hussain, learned counsel for the appellant.

(2.) THIS Second Appeal has been preferred against the judgment dated 15.12.2014 and decree dated 22.12.2004 passed by the learned Civil Judge, Nalbari in Title Appeal No. 19/2014 whereby the learned First Appellate Court had upheld the judgment and decree dated 22.04.2014 passed by the learned Munsiff No. 1, Nalbari in Title Suit No. 42/2010.

(3.) THE defendant No. 1 contested the suit by filing written statement denying the averments made in the plaint in general. The case of the defendant, as set out in the written statement, in brief, is that he and his five brothers had purchased 2 bighas of land in the suit dag and patta from one Akbar Ali in the year 1989. Thereafter, the said plot of land had been amicably divided amongst all the brothers and since then the defendant has been enjoying possession over the suit land by constructing a house where he is living with his family. It has been alleged by the defendant No. 1 that although the plaintiff had earlier obtained mutation of his name in respect of the suit land on 20.03.2010, yet subsequently the said mutation was cancelled based on an objection filed by the defendant No. 1 before the Revenue authorities. According to the defendant No. 1, the registered deed of sale bearing No. 466/2009 is a forged document and hence, the same could not have conferred any valid title upon the plaintiff. He has, therefore, prayed for dismissal of the suit. It may be mentioned herein that save and except the defendant No. 1, the other defendants did not contest the suit and the same proceeded ex -parte against them.