BASIR UDDIN BARBHUYAN AND ORS Vs. TAZAMUL ALI AND ORS
LAWS(GAU)-2018-3-17
HIGH COURT OF GAUHATI
Decided on March 09,2018

Basir Uddin Barbhuyan And Ors Appellant
VERSUS
Tazamul Ali And Ors Respondents

JUDGEMENT

Prasanta Kumar Deka, J. - (1.) Heard Mr. MH Rajbarbhuiya, learned counsel for the appellants. Also heard Mr. N Dhar, learned counsel for the respondents.
(2.) The present appellants as the plaintiffs, filed Title Suit No. 58/1999 in the court of learned Civil Judge (Jr. Divn.) No. 1, Hailakandi against the present defendants/ respondents for mandatory injunction with a direction for restoring possession for the entire suit land in favour of the plaintiffs/ appellants and restraining them from disturbing the possession of the plaintiffs/ appellants. It is the case of the plaintiffs/ appellants that they are the owners and possessors of about 6B 14K 11Ch 10Gs of land since the days of their predecessor-in-interest, Hasina Bibi, wife of Hamid Raja for more than 100 years. Hasina Bibi purchased land measuring 5B 10K 14Ch 10Gs by way of an unregistered sale deed of value of Rs. 95,000/- executed by the sole patta holder Kokia Mia on 13.07.1903 corresponding to 28 Ashar of 1310 B.S. Apart from this land, Hasina Bibi got an additional area of 1B 4K 13Ch of land under the same C.S. Patta No. 8 subsequently corresponding to R.S. Patta No. 6 and Second R.S. Patta No. 4. Asaddur Ali and Mosaddar Ali are the legal heirs of Hasina Bibi. Plaintiffs/ appellants No. 1 to 6 are the legal heirs of Asaddar Ali and the plaintiff/ appellant No. 7 is the legal heir of Mosaddar Ali. Akinur Bibi, the other daughter of Mosaddar Ali, sold her entire interest to plaintiffs/ appellants No. 1 to 3. Thus, the plaintiffs/ appellants became the owner of the entire interest of the original purchased land by Hasina Bibi to the extent of 5B 10K 14Ch 10Gs of land described in the Schedule 1 of the plaint along with the additional area of 1B 4K 13Ch. The name of Hasina Bibi was duly recorded in the Jamabandi along with Kokia Mia, the original pattadar. Later on, Hazi Turai Mia, the predecessor in interest of the defendants/ respondents No. 1 to 7 purchased the remaining land of Kokia Mia in C.S. Patta No. 8 by way of a registered sale deed executed on 23.05.1904. The area of the land shown in the sale deed was 10 Kadar 1 Poa and the name of Hazi Turai Mia was recorded in the original CS Patta No. 8 along with Hasina Bibi. Subsequently, legal heirs of both Hasina Bibi and Hazi Turai Mia were accordingly included in the RS Patta No. 6 and subsequent Second RS Patta No. 4 lawfully. The defendant/ respondent No. 1 and his three sisters, namely, Saiful Nessa, Bilatun Nessa and Sonaban Bibi along with their mother late SI Bibi being the legal heirs of Hazi Turai Mia sold their total interest of land measuring 15K 8Ch out of the land so purchased by Hazi Turai Mia by way of a valid registered sale deed on 11.04.1978 in favour of the plaintiffs/ appellants No. 1 to 3 during the life time of their father, Asaddar Ali. The said sale deed shows the land so sold thereby defining the boundaries and on the southern side of the said sold land, the land of Asaddar Ali was shown. Subsequently, one of the legal heirs of Turai Mia, namely, Asman Ali (son) i.e. the father of the defendant/ respondent No. 3 along with his mother Khudeja Bibi and sister Sirajun Nessa sold their entire interest in Dag No. 14 of second RS Patta No. 4 over land measuring 15K 8Ch to plaintiffs/ appellants No. 1 to 3 by way of a registered sale deed dated 11.03.1983 during the life time of the father of the plaintiffs/ appellants No. 1 to 6. In the said sale deed on the southern side, the name of Asaddar Ali and to the west the purchased land of plaintiffs/ appellants No. 1 to 3 in the year 1978 are shown. It is pertinent to mention here that in the earlier sale deed dated 11.04.1978 on the eastern side of the land sold, the land of Asman Ali was shown. On the strength of the said purchase, the plaintiffs/ appellants on their own became the joint owner with respect to 1B 11K of land described in the Schedule 2 of the plaint and the total area of the suit land as claimed by the plaintiffs/ appellants is shown as 8B 6K 15Ch 10Gs.
(3.) The Title Suit No. 15/1976 had to be preferred by the plaintiffs/ appellants against one Tazamul Ali, son of Abbas Ali and others when they dispossessed them. The said suit ended in a decree in their favour which was affirmed even in the second appeal. On the strength of the said decree, the plaintiffs/ appellants got back their possession on 26.05.1999, however, the said judgment debtors removed the pillars and trespassed into the decreetal land following which the plaintiffs/ appellants were constrained to file another Title Suit No. 25/1999 which was pending while filing the present suit. It is pertinent to mention here that Tazamul Ali in Title Suit No. 15/1976 is not the present defendant/ respondent No. 1. Being encouraged by such type of illegal dispossession and act of trespass, the present defendants/ respondents No. 1 to 7 also trespassed into the suit land on 12.07.1999 and started ploughing over the same. As such, the suit has been filed with the reliefs as mentioned hereinabove.;


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