MT. BARMANI KOCHNI Vs. MT. PANCHATI KOCHNI
HIGH COURT OF GAUHATI
Mt. Barmani Kochni
Mt. Panchati Kochni
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Deka, J. -
(1.) THIS appeal arises out of a suit for declaration of title and delivery of possession with respect to 18 bighas 1 katha and 18 lechas of land covered by dag No. 19 of periodic patta No. 5 of village Dumnigaon in Mouza No. VII in the district of Garo Hills.
(2.) THE suit was brought by one Panchati Kochni and her case was that the land formerly belonged to one Jhatai Kochni on whose death it was divided among her four daughters. The first two daughters died without female issues and the land devolved according to the custom by which the parties were governed on Pagai Kochni and she also dud and left the land in the possession of her son Gathia who had also died subsequently and according to the matriarchal system by which the parties are governed the plaintiff is entitled to inherit the land and get back possession thereof from Gathia's wife Barmani Kochni. The defendant resisted the plaintiff's claim on the ground that she has got possession on the basis of mutation proceedings and her title has been proved by virtue of that mutation granted to her by the Revenue Court, she being already in possession thereof.
(3.) THE learned Assistant Deputy Commissioner who heard the suit found in favour of the plaintiff and decreed the suit and on appeal the Deputy Commissioner upheld the order and the decree passed by the trial Court against which decree or judgment the defendant has come up in appeal.;
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