GIASH UDDIN AND OTHERS Vs. MUSSTT SALEHA BAGUM W/O LT. REKAT ALI AND OTHERS
HIGH COURT OF GAUHATI
Giash Uddin And Others
Musstt Saleha Bagum W/O Lt. Rekat Ali And Others
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MR.MIR ALFAZ ALI,J. -
(1.) This second appeal is directed against the judgment and decree dated 18/1/2012 passed by learned Civil Judge, Barpeta in T.A. Appeal No. 41/2010, whereby learned Civil Judge dismissing the cross objection allowed the appeal filed by the plaintiffs and decreed the suit of the plaintiffs.
(2.) The brief facts leading to the present appeal is that the appellants herein, as plaintiffs, filed T.S. No. 76/2009 praying for partition of the land described in the plaint, declaration of their title over the land measuring 3 bigha 3 katha 10 lecha out of the schedule-B land and also for recovery of possession by evicting the respondents/defendants.
(3.) The case of the plaintiffs was that land measuring 10 B 1 K 13 L covered by K.P. Patta No. 96 and Dag No. 84 and 85 belonged to Rahatannessa and her two sons Rekat Ali, predecessor of the plaintiffs and Raizuddin, predecessor of the defendants. Out of the said land, land measuring 1 B 4 K 13 L covered by Dag No. 84 was transferred in favour of proforma defendant Nos. 1, 2 and 3 by all the pattadars. Thereafter, Rahatannessa gifted 1 B of land in favour of Azizpur Jamamasjid and two bighas of land in favour of proforma defendant No. 5 and plaintiff No. 2 from dag No. 85. Thus, at the time of death of Rahatannessa, total land left out in the suit patta was 5 B 2 K, which was jointly owned by Rekat Ali and Raizuddin having equal share therein. Out of the said land, 1 B was gifted to the plaintiff and with the said gifted land the plaintiff were entitled to land measuring 3 B 3 K 10 L, which was in possession of the plaintiffs and after death of Raizuddin. The defendants occupied 3/4th portion of the land, which was in possession of the plaintiff and hence, the plaintiff filed the suit seeking declaration of their title over 3B 3K 10 L of land, partition and other relief, as indicated above.;
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