AHAMMAD ALI Vs. ALI HUSSAIN

JUDGEMENT

(1.) CHALLENGING the judgment and decree passed in T. A. No. 9/97 by the learned District Judge, Barpeta dated 23. 3. 1999 dismissing the appeal and affirming the judgment and decree dated 17. 5. 1997 passed by the learned Civil Judge (Sr. Division), Barpeta in T. S. No. 62/94 decreeing the suit of the plaintiff, the present appeal has been filed by the defendant No. 1.

(2.) HEARD Mr. N. Dhar, learned counsel for the appellant/defendant No. 1 and Mr. K. Basar, learned counsel appearing for the respondent.

(3.) THE plaintiff instituted the aforesaid Title Suit on 5. 12. 1994 pleading inter alia that the land measuring 14 Bigha 2 Katha 18 Lechas covered by Dag No. 543 under K. P. Patta No. 6 at village Pakdahbil pathar has been fully described in schedule 'a' of the plaint falls a part of the suit land. The original owner was late Maizuddin who died 50 years ago leaving his son Jonab Ali and wife Mariam Nessa who inherited the said property. Later on both of them where also died leaving behind the plaintiff, defendants and the proforma defendants as heirs and successor who were possessing the said land by amicable settlement. During the time of Jonab Ali the land were peacefully possessed by plaintiff and defendant. After his death in 1994 the defendants trespass into the land and created disturbances and inconvenience saying that late Mariam Nessa donated 10 Bigha of land to defendant No. 1 and his name were also mutated on the said land. On 25. 11. 1994 the plaintiffs came to know about the illegal mutation of the defendant No. 1 over 10 Bighas of land.