GAGARIN AHMED Vs. CHAKINA BIBI

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree of reversal passed in Title Appeal No. 13/1998 by the learned District Judge, Nalbari, dated 12. 8. 99, thereby allowing the appeal of the respondents and dismissing the suit of the plaintiff/appellant, the present second appeal is filed.

(2.) HEARD Mr. D. Choudhury learned counsel for the plaintiff/appellant. None appears on behalf of the respondents at the time of hearing. The pleaded case of the plaintiff, inter-alia, is that he having purchased a plot of land measuring 1 katha, 10 lechas vide registered sale deed No. 266, Exb-1 on 24. 3. 1981 from the defendant No. 3 Hazarat Ali, took over possession of the same and after about 7 years of enjoyment of possession over the suit land, the defendants dispossessed him from the suit land, which is the subject matter of dispute. Accordingly, the plaintiff having failed to get necessary declaration in the proceeding under Section 145, CPC, instituted the suit for declaration of right, title and interest over the suit land and for recovery of khash possession thereof.

(3.) THE defendants contested the suit by filing written statement, denying the allegations made by the plaintiff. The defendants further submitted that the suit land originally belonged to Nurban Bibi and after her death it devolved upon her husband Ali Sheikh and 2 daughters viz. , Aro Bibi and Nurjahan Bibi and 2 sons, Haibar Ali, defendant No. 2 and defendant No. 3, Hazarat Ali. It is further pleaded that the two daughters Aro Bibi and Nurjahan Bibi gifted their shares of 7 lechas in favour of defendant No. 2. It is also the case of the defendants that Ali Sheikh the husband if Nurban Bibi also gifted his shares in favour of the defendant No. 2. Thus the pleaded case of the defendant No. 2 is that Hazarat Ali acquired right over 15 lechas of land within the suit land. Other allegations made in the plaint have been denied.