ASAN ALI MANDAL Vs. ABDUL HAMID SARKAR

JUDGEMENT

(1.) Date 15-11-2019 This regular second appeal is by the defendant against the judgment and decree passed by learned Civil Judge, Goalpara in Title Appeal No. 42016 arising out of T.S. No. 922019.

(2.) The respondent, as plaintiff filed a suit (T.S. No. 11996) for declaration of right, title, and interest and recovery of possession in respect of the suit land measuring 1 Katha 10 Lechas described in schedule-B of the plaint, which is part of schedule-A of the plaint. The case of the plaintiff was that one Abdul Qadir Mandal was the owner of a plot of land measuring 1 Bigha 0 Katha 1 Lecha covered by dag no. 684 and Khatian No. 101. Abdul Qadir sold the said land to Intaz Ali by registered deed on 12-02-1968 and Intaz Ali in turn sold the said land to his wife by registered deed on 16-03-1971. The wife of Intaz Ali sold the land to one Abdul Jalil Mandal by registered deed on 21-10-1975. Said Abdul Jalil Mandal has been possessing the land measuring 1 Bigha 0 Katha 1 Lecha covered by dag no. 684 as well as another plot of land covered by dag no. 683 and he was in possession of total land measuring 2 Bighas 0 Katha 1 Lecha covered by two dag no. 683 and 684 under Katian No. 73 and 101 respectively, Said Abdul Jalil Mandal sold 1 Bigha 1 Lecha of land covered by dag No. 684 to Asan Ali (defendant) and his brother Ainul Hoque and later on, the said land was equally partitioned among them. It was also stated that Abdul Jalil Mandal sold land measuring 1 Bigha of dag no. 683 to the plaintiff Abdul Hamid. Ainal Haque also sold 2 Kathas 10 Lechas of land to the plaintiff and accordingly, the plaintiff became the owner of total land measuring 1Bigha 2 Kathas 10 Lechas covered by both the dag no. 683 and dag no. 684. In the year 1995, the defendant dispossessed the plaintiff from the suit land measuring 1 Katha 10 Lechas as described in the schedule of the plaint. Hence, the plaintiff filed the suit for declaration of right, title and interest and recovery of possession of land measuring 1 Katha 10 Lechas described in schedule-B of the plaint.

(3.) The pleaded case of the defendant was that Jainab Bibi, wife of Intaz Ali gifted the land measuring 1 Bigha 1 Lecha of dag No. 684 to the defendant Asan Ali Mondal in the year 1972 by registered gift deed and therefore, she could not have sold the said land again to Jalil Mondal in the year 1975. Defendant also denied the sale of land by Abdul Jalil Mondal in favour of Asan Ali and Ainal Mondal as well as the sale deed dated 12-03-1993 allegedly executed by Ainal Hoque in favour of the plaintiff, stating that such deed was forged and illegal, inasmuch as, Ainal Hoque was mentally unsound and was not capable of executing the sale deed, and thereby denied the title of the plaintiff over the suit land. On the basis of the above pleadings, learned trial court framed the following issues -