SONFULIA CHANDIK Vs. CHATURBHUJ GUPTA

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 26.5.2000 passed by the learned District Judge, Nagaon in Title Appeal No. 4 of 1999 allowing the appeal by reversing the judgment and decree passed on 1.4.1999 in the Title Suit No. 29 of 1990 by the Civil Judge (Senior Division). The present appellant is the plaintiff No. 2 in Title Suit No. 29 of 1990 of the Court of Civil Judge (Senior Division), Nagaon. The present appeal was admitted for hearing on the four (4) substantial questions of law, one of which being substantial question No. 4 is quoted below:

(2.) HEARD Mr. G.C. Phukan, learned Counsel appearing for the appellant/plaintiff and Mr. G.P. Bhowmik, learned Counsel appearing for the respondents -defendants.

(3.) ON the death of Kalpanath Mahanta, his two sons namely Shri Dewkan Mahanta and Shri Phanidhar Mahanta inherited the suit land. On 15.7.1942 both Shri Dewkan Mahanta and Phanidhar Mahanta sold the suit land under a registered sale deed dated 15.7.1942 to one Shri Lachan Ram Teli and delivered the possession thereof to Shri Lachan Ram Teli. The name of Shri Lachan Ram Teli was also mutated in the patta of the suit land. On 9.6.1948, the said Shri Lachan Ram Teli sold the suit land to Dhanu Tanti by executing an unregistered deed for a consideration amount of Rs. 500/ -. On 2.7.1949, the name of Shri Dhanu Tanti was also mutated in the revenue record of the suit land under a mutation order dated 2.7.1949 passed in Mutation Case No. 732/1948 -49 (Samaguri Circle) and as such Shri Dhanu Tanti became the owner in possession of the suit land and he was also paying the land revenue thereof.