MUSLEM UDDIN AND OTHERS Vs. ANSER ALI

JUDGEMENT

(1.) Heard Mr. M Dutta, learned counsel appearing on behalf of the appellants. None appears on behalf of the private respondent on call.

(2.) The present appellants are the defendants in Title Suit No. 8/2004 which was filed by the plaintiff/respondent in the Court of learned Civil Judge(Junior Division), Barpeta.

(3.) The facts of the case of the plaintiff/respondent in brief is that a plot of land measuring 3Ks of Dag No. 627, PP No. 167 and another plot of land measuring 2B 2K covered by PP No. 172 of Dag No. 123 in total 3B's 0K 10Ls land in village Situligaon under Mouza Jania is described in Schedule-A of the plaint. Out of the said schedule-A land 1B 4K 5Ls of land is the suit land which is described in Schedule-B of the plaint. The defendants/appellants and their father Asharuddin filed Title Suit No.26/1984 in the court of Munsiff at Barpeta in respect of A-Schedule land measuring 1B 4K 5Ls of land for declaration of his right, title and interest and confirmation of possession and for cancellation of mutation of the plaintiff/respondent. In that suit the plaintiff/respondent filed written statement. The claim of the plaintiff/respondent was that the suit land was the property of their mother Pratima Khatun, who got the suit land from her father Lt. Ketu Sheikh. Hence, mutation was passed in their names after the death of Pratima Khatun. After the death of the father of the plaintiff/respondent, Pratima Khatun was married to Lt. Ashar Uddin, the defendant/appellants are not the sons of Lt. Pratima rather she was the mother of the plaintiff/respondent. The name of the mother of the defendant/appellants was also Pratima Khatun, who was the wife of Shaidul Sheikh. So the suit land under A-Schedule land was inherited by the plaintiff/respondent from their mother Pratima Khatun. The Title Suit No.26/1984 had proved that the land under Schedule-A of the plaint was the property of Pratima Khatum, daughter of Ketu Sheikh, who is the mother of the plaintiff/respondent. The said Title Suit No.26/1984 was dismissed by the learned Munsiff. The defendant/appellant preferred an appeal bearing Title Appeal No.27/1985 before the Assistant District Judge, Barpeta which was dismissed upholding the judgment and decree passed by the learned Munsiff No.1, Barpeta on 27.02.1986. Thereafter, the defendant/appellant preferred second appeal No.91/1986 before this Court which was also dismissed upholding the judgment of both the courts below.