LAWS(GAU)-2019-7-85

MD. SAFIQUL ISLAM Vs. LAKHESWAR DEKA AND ORS.

Decided On July 22, 2019
Md. Safiqul Islam Appellant
V/S
Lakheswar Deka And Ors. Respondents

JUDGEMENT

(1.) Heard Mr. N. N. Jha, the learned counsel for the petitioners. Also heard Mr. M. K. Choudhury, learned Senior Counsel assisted by Ms. N. Ahmed, learned counsel appearing for the respondents.

(2.) This revision petition is against the order dated 3.9.2014 passed in Title Suit No. 157/2007 by the learned Civil Judge, No.3, Kamrup(M) at Guwahati. Title Suit No. 157/2007 was filed by one Md. Safiqul Islam, son of late Tanu Miah @ Islam against the present defendants respondents. The original respondent No. 1, Lakheswar Deka died during pendency of the revision petition and his legal heirs were substituted duly. The respondent Nos. 2 to 5 purportedly sold land measuring 2 kathas to the original respondent Lakheswar Deka by way of a registered sale deed way back on 27.2.1964. The respondent Nos. 2 to 5 instituted Title Suit No. 31/1964 in respect of said land measuring 2 kathas seeking for a declaration in the then court of learned Sub-Judge at Guwahati that except them no other persons had title and possession over the suit land. The suit was transferred to learned Munsiff No. 1 at Guwahati and the same was renumbered as Title Suit No. 205/1967 which was dismissed on 16.11.1967. The respondent No. 1 Lakheswar Deka instituted Title Suit No. 21/1974 in respect of the same land claiming his right, title and interest over the suit land against the said respondent Nos. 2 to 5 as the defendants. The suit was decreed in favour of Lakheswar Deka. On the basis of the said decree, Execution Case No. 5/1998 was initiated in the then court of learned Civil Judge (Jr. Divn) No. 1, Guwahati. On the basis of execution, the plaintiff Safiqul Islam who was possessing a portion of the said land measuring 2 kathas was evicted after demolishing the standing structures including the house standing thereon and possession was delivered to said Lakheswar Deka. Pleading that the earlier suits were filed behind the back of Safiqul Islam though he is one of the legal heirs of late Tanu Miah and his mother having inherited a portion of the said land measuring 2 kathas from her father, Safiqul Islam the plaintiff in Title Suit No. 157/2007 sought for reliefs mentioned hereinbelow :

(3.) In Title Suit No. 157/2007 the respondent No. 1 filed his written statement admitting that the said Safiqul Islam is one of the legal heirs of Tanu Miah including two other sons namely Nurul Islam and Tazul Islam. The said written statement was also annexed with the genealogical tree of the family of the plaintiff indicating the name of Safiqul Islam.