AJIT KUMAR BARUAH Vs. DILIP KR. DAS

JUDGEMENT

(1.) HEARD Mr. S.K. Barkataki, learned counsel for the appellant. Also heard Mr. B. Banerjee, learned Senior counsel appearing for the respondents.

(2.) THIS Second Appeal is directed against the judgment and decree dated 12.07.2004 passed by the learned Additional District Judge, Nagaon, in Title Appeal No. 6/2002, affirming the judgment and decree dated 04.04.2002, passed by the learned Civil Judge, Senior Division, Nagaon, in Title Suit No. 42/1990.

(3.) THE defendant No. 1 filed written statement admitting that the plaintiffs became owner of the entire patta land measuring 1 Bigha 3 Katha 8 Lecha in Dag No. 519 of Patta No. 14. Transfer of land to pro forma defendant No. 2 and 3 was also admitted; so also the fact that the plaintiffs remained the owner in possession in respect of 3 Katha 10 Lecha of land. It was stated in the written statement that the plaintiffs No. 1 to 5 had sold 1 Katha 10 Lecha of land to him vide registered sale deed No. 1310 dated 14.07.88 with the following boundaries: