HASAN ALI AND ORS. Vs. HAMIR ALI GAONBURHA

JUDGEMENT

(1.) HEARD Ms. T. Goswami, learned counsel for the appellants. Also heard Mr. T. Islam, learned counsel appearing for the respondent. This appeal is directed against the judgment and decree dated 22.09.2004 passed by the learned Ad -hoc Additional District Judge, Darrang, Mangaldoi dismissing the appeal of the principal defendants and affirming the judgment and decree dated 30.06.2000 passed by the learned Civil Judge (Jr. Divn.) No. 1, Mangaldoi in Title Suit No. 16/1997.

(2.) THE second appeal was admitted to be heard by an order dated 28.02.2015 on the following substantial questions of law:

(3.) ONE Sanibar had 5 sons, namely, Rupa, Garni, Sahabuddin, Manik and Huti. Sanibar had 3 Bigha 4 Katha 7 Lecha of land in Old Dag No. 707 and Old Periodic Patta No. 183, now numbered as Dag No. 703 of Periodic Patta No. 101. Sanibar had other land as well. However, the present appeal does not relate to such land. Out of 5 sons of Sanibar, Sahabuddin died as bachelor in the year 1938. Rupa died in the year 1985; Garni died in the year 1989; Manik died in the year 1976 and Huti died in the year 1974.