MOULANA YUSUF ALI Vs. ABDUL GAFFAR MIR

JUDGEMENT

(1.) Heard Mr. S. Banik, learned counsel, appearing on behalf of the appellant/ plaintiff and Mr. N. Dhar, learned counsel, appearing on behalf of the respondents/ defendants.

(2.) The present appellant, as the plaintiff, filed T.S. No. 201/2001 in the court of the learned Civil Judge (Junior Division) No. 1, Karimganj against the present respondents/ defendants. The facts pleaded in the plaint by the appellant/plaintiff are that Parija Bibi @ Khanam was the owner of the land described in schedule- I of the plaint. On her death, her brother Haris Uddin @ Haris Ali acquired the title of the land described in schedule- II of the plaint. The said land is the suit land and it is a part of the schedule -I of the plaint. Haris Uddin @ Haris Ali was enjoying the said land by constructing a house over it and later on he sold the same alongwith the existing house in favour of the plaintiff/ appellant and delivered possession thereof by executing a registered sale deed No. 1455 dated 2.5.1988. On the death of Haris Uddin @ Haris Ali, his widow Alek Bibi was allowed to reside temporarily in the house standing over the suit land as licensee of the plaintiff/ appellant. The defendant/ respondent Nos. 1 to 7 without having interest or possession over the suit land, illegally encroached a portion of the suit land and constructed 2 temporary houses about one year ago from the date of filing the suit. The said land is described in schedule- II of the plaint. The said defendants/respondents also attempted to dispossess Alek Bibi, the licensee under the plaintiff/ appellant from the remaining portion of the suit land. Accordingly, the plaintiff/ appellant filed the suit for declaration of his land holding rights over the suit land described in schedule- II of the plaint and confirmation of the possession thereof, except land described in 3rd schedule land of the plaint and for recovery of the possession of land and for permanent injunction.

(3.) The defendant Nos. 1 and 2 alongwith the written statement filed counter claim praying for declaration of their joint land holder rights over the land described in schedule of the written statement and declaration of maliki right of defendant/ respondent Nos. 1 and 2 over the suit house standing on the suit land.