ALI HUSSAIN MAZUMDER Vs. ABDUL MATLIB MAZUMDER
HIGH COURT OF GAUHATI
Ali Hussain Mazumder
Abdul Matlib Mazumder
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PRASANTA KUMAR DEKA,J -
(1.) Heard Mr. S. Biswas, learned counsel, appearing for the Plaintiff/ appellant. Also heard Mr. P. K. Deka, learned counsel, appearing for the defendants/ respondents.
(2.) The present appellant as the plaintiff in T.S. No. 104/2006 in the court of the learned Civil Judge (Junior Division), Hailakandi filed the suit against the defendants/ respondents for a decree for direction to execute a registered sale Deed of the suit land after receiving Rs. 30,000.00 (Rupees thirty thousand) only for delivery of khas possession of the same by invoking his right for pre-emption and in addition to that for return of Rs. 10,000.00 (Rupees ten thousand) only to the plaintiff/appellant and for cost of the suit. It is the case of the plaintiff/ appellant that the defendant/ respondent No. 1 is his father and during childhood the father of the plaintiff/ appellant divorced his mother following which he was brought up by his maternal uncle. Vide registered sale Deed No. 632 dated 28.6.02, the defendant/ respondent No. 1 sold 13 Khatas of land in favour of the plaintiff/ appellant on consideration and delivered khas possession of the said land.
(3.) By way of another sale Deed bearing No. 958 dated 19.7.2001 the plaintiff/ appellant purchased 18 Khatas 3 Chataks of land from one Abdul Mannan whereupon he constructed his residential house and since then residing thereon. The land of the defendant/ respondent No. 1 is situated on the adjacent northern side of the homestead land of the plaintiff/appellant. A plot of land measuring 1 Bigha 4 Khatas 4 Chataks was supposed to be sold by the defendant/ respondent No. 1 to the plaintiff/ appellant and accepted a sum of Rs. 10,000.00 as advance sale consideration and promised to transfer the same after execution of a valid registered sale Deed obtaining NOC from the competent authority.;
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