ON DEATH OF NURUL HAQUE CHOUDURY Vs. ON DEATH OF PREMANANDA NAMASUDRA HIS LEGAL HEIRS RINA RANI NAMASUDRA AND ORS,
LAWS(GAU)-2018-6-90
HIGH COURT OF GAUHATI
Decided on June 14,2018

On Death Of Nurul Haque Choudury Appellant
VERSUS
On Death Of Premananda Namasudra His Legal Heirs Rina Rani Namasudra And Ors, Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) This second appeal by the plaintiffs is directed against the judgment and decree dated 17.06.2006 passed by the learned District Judge, Karimganj in Title Appeal No. 92/2002, whereby the learned appellate court allowing the appeal filed by the defendant, dismissed the suit of the plaintiffs.
(2.) The facts leading to the present second appeal may be stated thus -
(3.) The plaintiffs filed a suit for declaration of right, title and interest and recovery of possession and permanent injunction. The case of the plaintiffs was that the land covered by Old Khatian No. 353 and Settlement Survey No. 270, New patta No. 184 belonged to plaintiffs No. 1 and Khurshid Ali Choudhury. The share of Khurshid Ali Choudhury was purchased by plaintiffs No. 2 by registered deed in the year 1968 and thus, the plaintiffs No. 1 & 2 were the owner and land holder of the suit land and they were possessing the suit land. The proforma defendant No. 6 was a tenant under the plaintiffs and the plaintiffs No. 1 allowed the proforma defendant No. 6 to occupy 5 Justy of land temporarily as a license. The defendant No. 3 and other people of Namasudra community established an M.E. School. The temporary house of the said school was demolished due to flood in the year 1993 and the defendant No. 3 along with other people of Namasudra community requested the plaintiffs to allow them to construct a temporary house for the school on a high land preferably in Dag No. 270 and accordingly, the plaintiffs allowed them to construct a kacha temporary house for the school on 1 powa of land on the condition, that within 31.12.1994, the school house should be removed from there. However, subsequently, the plaintiffs came to know that the defendant No. 3 along with others conspired to construct a pucca house on the said land of the plaintiffs. The plaintiffs also came to know that in connivance with the defendant No. 4, the defendants were manipulating the land record and as such, the plaintiffs terminated the license in favour of the defendants and instituted the suit for declaration of right title and of other consequential reliefs.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.