TAMIJAN BIBI Vs. ABDUR RAHMAN (MD.)

JUDGEMENT

(1.) The appellate judgment and decree dated 7.5.2003 passed by the learned District Judge, Cachar at Silchar in Title Appeal No. 8 of 2001 has been called in question in the present second appeal by the defendant. The learned trial court dismissed the suit holding that Exhibit-1, the document on title of which the suit of the plaintiffs is based, was not acted upon by the purchaser and father of the plaintiffs and consequently the defendant acquired title by way of Exhibits- 2 and 3 which are nothing but records of rights (Zamabandis)

(2.) The respondents herein as plaintiffs instituted Title Suit No. 58 of 1996 in the court of learned Assistant District Judge, Cachar at Silchar (as was designated at that time) against the sole defendant Mustt. Tamijan Bibi praying for a decree declaring their right, title and interest with respect to the suit land measuring 8 B 19 K 12 Ch. and also for confirmation of their possession as well as injunction. It was stated in the plaint that land measuring 8B 19 K 12 Ch. of Patta No. 252 of Mouza-chiripar Part-II was curved out of RS Patta No. 142 of the same Mouza having an area of 12 B 7K 10 Ch.

(3.) On being summoned defendant appeared and submitted written statement and claimed that there was no sale of land by Meherban bibi at all and so share of Meherban Bibi devolved on the defendant Tamijan Bibi. The averments made in the plaint were flatly denied by the sole defendant.