MINAKSHI BORA Vs. TANKESWAR BORA

JUDGEMENT

(1.) HEARD Mr. PK Kalita, the learned counsel appearing fOR.the petitioners (plaintiffs). Also heard Mr. R. Baruah, the learned counsel appearing fOR.the respondents (defendants).

(2.) THE Title Suit No.64/2006 (originally Title Suit No.26/2005) was filed to seek declaration, permanent injunction and precept fOR.revenue partition, in respect of the suit land measuring 1 bigha 3 katha 18 lecha in Kisamat Khutikatia of Kachamari Mouza of Nagaon District. In schedule -B, the detail descriptions of the suit land in two segments were given. The petitioners claim 1 bigha land through inheritance from theiR.ancestOR.and the balance 3 katha 18 lecha land through purchase by the plaintiffs' immediate predecessOR.Late Kamala Kanta Bora.

(3.) ACCORDING to the plaintiff, the suit land was originally owned by Mahendra Nath Bora, whose name was mutated in the revenue record on 1.4.1933. During his lifetime, Mahendra Nath Bora sold 3 katha 18 lecha land to one Lohoram Kalita and the purchaser's name was then mutated in the revenue record on 5.10.1939. AfteR.Lohoram died, the land devolved on his son Tolan Kalita and the son sold the inherited land to one Phatik Chandra Saikia. Subsequently the purchaseR.Phatik sold the same from land to the immediate predecessOR.of the plaintiff, Late Kamala Kanta Bora. The name of the predecessOR.Kamala Kanta was incorporated in the revenue records through the mutation ordeR.dated 16.5.1946. The certified copies of the concerned sale deed No.6244, dated 26.11.1940 and the sale deed No.5020, dated 2.8.1945 were filed along with the plaint, in support of the pleaded case of the plaintiffs. The balance 1 bigha land was claimed through inheritance of 50% of 2 bigha land by the two sons of Late Mahendra Nath Bora, namely Kamala Kanta and Chandra Kanta and the plaintiff claims inheritance as the successOR.of the first son Kamala Kanta.