DUKHAN BHUIYAN Vs. MANGLI KHAN

JUDGEMENT

(1.) ORIGINAL plaintiff, Neman Bhuiyan filed Title Suit No. 11 of 1978 against defendants for declaration of title, confirmation of possession and in alternative for recovery of possession over the suit land.

(2.) PLAINTIFFS case was that suit land was raiyati land of Hasmat Khan, father of defendant No. 1. It was Tand land and so Hasmat Khan never cultivated it. Plaintiffs father reclaimed by way of Korkar and made it productive and after his death, the plaintiff is in cultivating possession thereof, openly and adversely to the knowledge of defendant. Thus, he acquired indefeasible kayami raiyati right over it.

(3.) ACCORDING to defendants, Hasmat Khan regularly cultivated the suit land till his death and thereafter, the defendants are cultivating it and growing different crops.