SAMSUL HAQUE Vs. JAMIRAN NESSA WIFE

JUDGEMENT

(1.) This second appeal is by the plaintiff against the judgment and decree, passed by the learned Civil Judge, Barpeta in Title Appeal No. 3/2009, whereby the learned first appellate court, allowing the appeal filed by the respondent/defendant, dismissed the suit filed by the plaintiff.

(2.) The appellant as plaintiff filed T.S. No. 118/2007 for declaration of right, title and interest as well as recovery of possession and also cancellation of mutation in favour of the defendant.

(3.) The case of the plaintiff was that the defendant No. 1, Ashraf Ali as plaintiff filed T.S. No. 138/1999 in the court of the learned Munsiff No. 1, Barpeta praying for declaration of right, title, interest and confirmation of possession over the suit land measuring 10 bighas, 3 kathas and 8 lechas covered by Dag No. 69 and Patta No. 79 (N). The said suit was dismissed. An appeal was preferred against the judgment and decree passed by the learned Munsiff, which also stood dismissed. After dismissal of the T.S. 138/1999, both by the trial as well as appellate court, the present defendant dispossessed the plaintiff from the suit land on 23.10.2006 taking advantage of the mutation of his name in the record of rights. Hence the plaintiff filed the suit for declaration of tile and recovery and possession.