ANDALIB ISLAM AND ANR Vs. ABDUL SAMED @ KALIA BEPARI
HIGH COURT OF GAUHATI
Andalib Islam And Anr
Abdul Samed @ Kalia Bepari
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Suman Shyam, J. -
(1.) Heard Mr. A. Choudhury, learned counsel for the appellants. I have also heard Mr. S. K. Ghosh, learned counsel representing the respondent.
(2.) This Second Appeal was admitted to be heard on the following substantial question of law :-
"Whether the findings of both the courts below that the suit of the present appellant is hit under the principles of res judicata?"
(3.) The plaintiffs' case, in brief, is that the suit patta containing six dags including Dag Nos.1688 and 1687 belonged to their predecessor-in-interest i.e. Md. Nurul Islam. During the lifetime of Nurul Islam, he had sold various areas of the land belonging to him to different purchasers including the principal defendant whereafter, he had retained 6 Lechas of land which has been inherited by the plaintiffs. According to the plaintiffs, the defendant No.1 had purchased land measuring 6 Lechas falling in dag No.1688. It has been alleged in the plaint that the defendant No.1 had forcibly tried to dispossess the plaintiffs from the plot of land measuring 6 Lechas covered by dag No.1687 of Periodic Patta No.661 and with the help of some anti-social elements they had entered into the suit land on 18.07.2008 thereby denying the right, title and interest of the plaintiffs over the land, which had prompted the plaintiffs to institute the instant suit seeking declaration of their title over the suit land, for confirmation of possession, for partition and also to issue precept and for a decree of permanent injunction.;
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