JANNAT RAHMAN Vs. AMJAD ALI

JUDGEMENT

(1.) Heard Mr. AB Choudhury, learned senior counsel, assisted by Mr. H. Haque, learned counsel, appearing on behalf of the appellants/ defendants. Also heard Mr. A. Alom, learned counsel, appearing on behalf of the respondents/ plaintiffs.

(2.) The present appellants are the defendants in Title Suit No. 126/2002 filed by the respondents/ plaintiffs in the court of the learned Civil Judge (Junior Division), No. 1, Barpeta. The case of the plaintiffs/ respondents is that that they along with proforma defendants are the legal heirs/ children of late Paran Khan, who died in the year 1975. Paran Khan had his dwelling house at Village Joti upon his land, measuring 2 (two) Bighas 1 (one) Katha 12 (twelve) lechas covered by Dag No. 94 (new)/ 47 (Old) under the Annual Patta under BarpetaMouza, issued in his favour by the Government of Assam in the last Settlement Operation 1958-65. The plaintiffs/ respondents and the proforma defendant were brought up in the said house over the said land. The said land measuring 2 Bighas 1 Katha 12 Lechas is the suit land and fully described in the schedule of the plaint.

(3.) Besides the suit land, Paran Khan had some other lands nearby the suit land which he used to possess by cultivating and by paying Touzi fines. The neighbours interfered with the peaceful possession and enjoyment of the land of Paran Khan since the time of settlement operation and as Paran Khan was alone and weak to resist the neighbours from possessing the land against which the Touzi fees was paid, the said encroachers possessed the suit land, which was agriculture in nature. Paran khan in order to maintain his family, shifted to the Village Dwerikuchi where his wife inherited some agricultural land in the year 1971 and also shifted his residence to the said land at Dewrikuchi from the suit land. Paran Khan died in the year, 1975. However, the name of late Paran Khan continued as the settlement holder of the suit land and the same was maintained in the record of rights by the Revenue Authority, but no Annual Patta was issued.