GANGA BALA BHARALI Vs. ANAR BEGUM

JUDGEMENT

(1.) The judgment and decree dated 31.7.98 passed by the learned District Judge. Nagaon in Title Appeal No. 3/95 dismissing the appeal preferred by the defendant/appellant herein and upholding the judgment and decree dated 24.3.95 passed by the learned Assistant District Judge, Nagaon in T.S. No. 4/91 decreeing the suit so instituted by the plaintiffs/respondents seeking a decree for declaration of right, title and interest as well as recovery of possession of the-land described in Schedule 'Kha' to the Plaint, has been assailed in this Second appeal.

(2.) The fact in brief as emerged from the perusal of the pleadings of the parties may be noted : Late Jahurul Hoque, the predecessor-in-interest of the plaintiffs/respondents No. 1 to 4, purchased a plot of land measuring 12 lechas along with the houses standing thereon on the western part of other half of the land as described in Schedule "Kha' of the Plaint, being the half of the total land of I Katha 5 Lechas covered by Dag No. 1650 (area 6 bighas) and Dag No. 1656 (area 19 lechas) described in Schedule "Ka' from one Late Altab Jahan @ Altab Hussain, being original owner of the entire plot of land, by executing a registered sale deed dated 3.2.48 (Exhibit-3) on consideration of Rs. 6,500.00. Both Jahurul Hoque and Altab Jahan were the relatives and they had the intimate terms. By Eixhibit-3, the sale deed, the possession of the land was also delivered on the date of execution. Since Altab Jahan was issue- less, it was agreed between the parties by executing an agreement of commitment, Ext. "Ka" on the same date i.e. on 3.2.48, on the day land being sold, as there were dwelling houses, that Altab Jahan along with his wife would live in that house till their death leaving one room for occupation of Jahurul Hoque and till their death they were to be maintained by Jahurul Hoque by paying Rs. 15 per month. In Sale deed itself the aforesaid clause was also mentioned.

(3.) The remaining half of 12 lechas of land of the eastern site of the Dag in question, as noted above, was given by Altab Jahan to his wife Musstt. Arfatunessa on 14.9.54 against his unpaid dower amount and after acquiring the right, title and interest over the same, Late Arfatunessa sold 12 leachas of land to the defendant/appellant on 14.3.84 by executing a registered sale deed.