LAWS(GAU)-2015-9-76

HADISUR GAMAN Vs. TAFAZUL HUSSAIN AND ORS.

Decided On September 02, 2015
Hadisur Gaman Appellant
V/S
Tafazul Hussain And Ors. Respondents

JUDGEMENT

(1.) This second appeal has been preferred against the concurrent judgment and decree dated 30-09-2004 passed by the learned Civil Judge (Sr. Div.), Nalbari in Title Appeal No. 10/2004 thereby affirming the judgment and decree dated 27-10-2003 passed by the learned Civil Judge (Jr. Div.) No. 1, Nalbari in Title Suit No. 41/1999 dismissing the suit filed by the plaintiff.

(2.) The second appeal was admitted by the order dated 01-02-2006 to be heard on the following substantial question of law:

(3.) The appellant had instituted the suit for declaration of right, title and interest and also for confirmation of possession in respect of a plot of land measuring 1B-1K-13L covered by Dag No. 439 of KP Patta No. 292 of VillageKhatabari Khanda, Mouza- Khata, Nalbari Town, Ward No. 7. The case of the plaintiff is that the suit land forms part of the larger area of land measuring 44B- 1K which originally belonging to Madhab Devalaya of Hajo. In the first settlement of the land in the year 1871 to 1888 the land measuring 44B-1K covered by KP Patta No. 1 and 7B-1K-7L covered by KP Patta No. 40 of Village- Khata, MouzaKhata, P.S.- Nalbari was settled in the name of Madhab Devalaya and one Jogya Dutta Sarma was a tenant in respect of the said plot of land. One Dharma Narayan purchased the aforesaid tenancy and thereafter his name was duly recorded in the records of rights. The forefather of the plaintiff occupied a part of the land belonging to Madhab Devalaya as a tenant. When the Dharma Narayan sold his tenancy to Shri Ram Dev Sarma on 03-08-1913, the forefather of the plaintiff continued to possess the land, but when the son of late Ram Dev Sarma tried to take possession of the land a proceeding under Section 145 CPC was started and in that proceeding the possession of the land was declared in favour of the brother of the plaintiff Jahir Ali, who possessed the land on behalf of the plaintiff. The name of the plaintiff continued in the khatiyan till 1974 along with other tenants and thereafter from the aforesaid KP Patta No. 1 different pattas were formed at different times creating Dag No. 20, 21, 23, 24, 25, 33, 58, 59 and 60 covering the aforesaid 44 bighas of land. The Dag No. 59 covering 3K-4L of land Dag No. 60 covering 3K-9L of land totaling to 1B-1K-13L was under the possession of the plaintiff as a tenant since their father's time. The said dags were changed and formed as Dag No. 439 pertaining to KP Patta No. 292. On the aforesaid factual background the plaintiff had claimed right, title and interest and possession over the suit land as a tenant.