NURUMAHAL NESSA Vs. ABDUL HAKIM

JUDGEMENT

(1.) This second appeal has arisen against the judgment and decree dated 7.1.85 passed by the Asstt District Judge, Dhubri in Title Appeal No. 68/ 84 reversing the judgment and decree passed on 24.2.84 and 8.3.84 respectively by Munsiff No. 2 Dhubri dismissing the Title suit No. 282/81.

(2.) The respondent as plaintiff filed the above mentioned suit for declaration that the plaintiff his right, title and interest over the suit land specifically described in Schedule-A and also for declaration decree of permanent injunction on the defendants restraining them from interfering with the plaintiffs possession and constructing of building on the said land and from realising rents from two tenants with costs. The claim of plaintiff said to be on the basis of two deeds of gifts executed by bis father Bazlur Rahman who had been in exclusive possession of the said land and who became the absolute owner of the property, gifted in the year 1977. That plaintiffs father gifted to him the suit land by registered deed dated 30.1.81 and 12.3.81 and delivered vacant possession to the plaintiff and having accepted the gift took possession of the same and started earth filling and constructed structure of am Assam Type house to which defendants created obstruction. Hence the suit.

(3.) The defence stand in the written statement was that the suit property was gifted to her, she being the second wife of the father of the plaintiff in the year 1971 without execution of any written instrument but made verbally.