MD. ABDUL KUDDUS Vs. BANDE ALI (DIED) HIS LEGAL HEIRS KHUDIJA BEGUM @ KHUDIJA KHATOON WIFE AND ORS.
HIGH COURT OF GAUHATI
Md. Abdul Kuddus
Bande Ali (Died) His Legal Heirs Khudija Begum @ Khudija Khatoon Wife And Ors.
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MIR ALFAZ ALI,J. -
(1.) Heard Mr. HRA Choudhury, learned senior counsel assisted by Mrs. R Choudhury, learned counsel for the appellant. Also heard Ms. P. Bhattacharya, learned counsel for the respondent.
(2.) This second appeal by the plaintiff is directed against the judgment and decree dated 17.05.2008 passed by the learned Additional District Judge (F.T.C.) Lakhimpur, North Lakhimpur in Title Appeal No. 02/2007 reversing the judgment and decree passed by the learned Munsiff in Title Suit No. 4/2002.
(3.) The facts leading to the present second appeal was that the appellant herein as plaintiff instituted Title Suit No. 4/2002 for declaration of right title and interest and recovery of possession of the suit land described in the Schedule of the plaint. The case of the plaintiff was that the plaintiff got mutation in respect of the suit land by right of purchase and had been possessing the suit land for long time. The defendants illegally dispossessed the plaintiff from the suit land measuring 3 bigha, 5 1/2 lecha being part of total land measuring 13 bigha, 3 katha 5 lechas covered by Dag No. 128 and PP No. 23 and 2 bighas 3 katha, 17 lechas out of total land measuring 7 bigha 1 katha of Dag No. 127 and PP No. 24 and instituted a criminal proceeding under Section 145 Cr.P.C., 1973 which was registered as Misc Case No. 267/1991. Learned Executive Magistrate declared possession of the suit land in favour of the defendants. The plaintiffs filed a revision against the order of the Executive Magistrate which was dismissed. Hence the plaintiffs filed the suit for declaration of title, recovery of possession and permanent injunction.;
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