JAKIR HUSSAIN BORBHUYAN Vs. SAMSUN NAHAR BEGUM

JUDGEMENT

(1.) Heard Mr. A. Iqbal and Ms. M. Nath, learned counsels, appearing on behalf of the appellant/ defendant No. 1. Also heard Mr. S.K. Ghosh, learned counsel, appearing on behalf the respondent/ plaintiff.

(2.) This second appeal is filed impugning the judgment and decree dated 23.12.2003, passed by the learned Civil Judge, Senior Division No. 1, Cachar, Silchar in Title Appeal No. 1/2001 allowing the appeal thereby setting aside the judgment and decree dated 21.09.2000, passed by the learned Civil Judge, Junior Division No. 1 in Title Suit No. 66/1999.

(3.) The respondent/plaintiff filed suit with pleadings that she and her brother proforma respondent No. 4 jointly purchased 6 (six) khatas of land covered by Second R.S. Patta No. 376 Dag No. 1270 described in the Scheduled 1 of the plaint which is the suit land from Md. Nasiruddin Barbhuiya and Md. Kutub Uddin Barbhuiya defendant Nos. 2 and 3 for valuable consideration on 29.09.1986 by way of registered sale deed bearing No. 2945, dated 29.09.1986 (Exhibit No. 1). The said defendant Nos. 2 and 3 Md. Nasir Uddin Barbhuiya and Md. Kutub Uddin Barbhuiya were gifted the total land measuring 9 (nine) khatas covered by Dag No. 1270 of the RS Patta No. 376 alongwith other land by way of gift deed (Exhibit No. 4) by the grandfather dated 16.07.1979. The appellant was defendant No. 1 and he is the uncle of defendant Nos. 2 and 3.