MD. SAIMUDDIN SHEIKH Vs. ABEJUDDIN SHEIKH

JUDGEMENT

(1.) THIS Second Appeal by the defendant is directed against the judgment and decree passed by the District Judge, Goalpara, at Dhubri, in Title Appeal No. 10 of 1973.

(2.) THE plaintiff brought the suit for declaration of his title to the suit property on the allegation that the land originally belonged to his brother, Syed Ali Jotedar, who had gifted the land to him about 14 or 15 years ago. Since then, he was in possession of the suit land. But later on he discovered that Khatian had been issued to the defendant in respect of the land and the defendant was attempting to dispossess him and hence he filed the suit for declaration of his title and for correction of the Khatian issued in the name of the defendant.

(3.) THE learned tried court dismissed the suit holding that the defendant was able to prove his title to the suit land while the plaintiff failed to prove the alleged gift. On appeal by the plaintiff, the District Judge reversed the judgment and decree of the trial court and decreed the plaintiff's suit.