MUJIBUR RAHMAN Vs. MUSTAFIZUR RAHMAN AND ORS.

JUDGEMENT

(1.) This appeal arises from the judgment and decree passed by the learned District Judge, Jorhat in Title Appeal No. 1 of 1977 dismissing the appeal and affirming the judgment and decree passed by the learned Assistant District Judge, Jorhat in Title Suit No. 1 of 1973.

(2.) The plaintiffs brought the suit (Title Suit No. 1 of 1973) claiming, inter alia, for declaration of title to the suit property and recovery of Khas possession thereof. The case of the plaintiffs was that late Matiur Rahman, father of the plaintiffs-1, 2 and 3 and husband of plaintiff-4 and father of proforma-defendant-2, was the owner of the landunder dags Nos. 523 and 525 of patta No. 265 situated at Kakatikuri, and was in continuous possession till his death in 1959. The defendant-1 Mujibur Rahman, who is the sole appellant in the present appeal, is conclusion of late Matiur Rahman. Matiur Rahman was not keeping well before his death, and his sons, namely, plaintiffs - 1. 2 and 3 were minors. Mujibur Rahman being a near relation looked after the affairs of the family of the plaintiffs and the suit properties also. Taking the advantage of the position, the defendant-1 unlawfully encroached upon the land under dag No. 525 in the year 1963 and collected rents from the tenants. In 1972 the defendant-1 constructed his house over the vacant portion of the land covered by dag No. 523. Defendant-appellant contested the suit stating, inter alia, that Nabab Ali, brother of late Matiur, looked after the properties of Matiur including the suit land also and used to collect rents from the tenants occupying the houses on the suit land. The suit land was purchased by him on 12-11-1962 and since then, he has been in the possession of the same. The sale was made by Nabab Ali with a promise to get a registered sale deed at an earlier date. The sale was made in connection with marriage ceremony of proforma defendant-2 Mubida, daughter of late Matiur.

(3.) The trial Court decreed the suit in respect of the land under dag No. 523 and dismissed the suit in respect of the land under Dag No. 525 by holding the claim in respect of it was barred by limitation. The defendant-1 filed Title Appeal No. 1 of 1977 in the Court of the learned District Judge. Jorhat against the judgment and decree of the trial Court. The plaintiffs did not file cross-objection against the decree passed against them in respect of the land under dag No. 525. The lower appellate Court dismissed the appeal hence this appeal to this Court.