SAHED KHAN Vs. MAISANA BEGUM
HIGH COURT OF GAUHATI
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Prasanta Kumar Deka, J. -
(1.) Heard Mr. C. K. S. Baruah, the learned counsel for the appellants. Also heard Mr. N. Hoque, the learned counsel for the respondent.
(2.) The present appellants are the defendants in Title suit No.153/2004 filed by the plaintiff/respondent for declaration of her right, title, interest and recovery of possession of the suit land. The plaintiff's suit in brief is that 2 bighas 4 kathas 16 lechas of land, covered by Dag No.755 under Patta No.304 of village Musalmangaon under mouza-Chenga in the district of Barpeta stood in the name of the plaintiff/respondent. The husband of the plaintiff/respondent, late Muslem Ali and the one Moulbi Sher Ali were brothers. The said Moulbi Sher Ali is the brother of the husband of the plaintiff/respondent Muslem Ali. Muslem Ali died leaving behind the present plaintiff/respondent and two daughters. They were married. After the marriage of the daughters, the plaintiff/respondent sold the basti land covered by Dag No.759 measuring 2 kathas 6 lechas by way of registered sale deed No.1937/99 (Exhibit 'Ga'). After selling her homestead land, i.e., 2 kathas 6 lechas, the plaintiff/respondent started living at Barpeta town under the care of her daughters. The suit land which is an agricultural one was cultivated by her son-in-law Anowar Hussain on crop sharing basis. The defendants/appellants dispossessed her from the cultivated land on 16.02000 and though she requested to vacate the suit land they failed following which the suit was filed.
(3.) The defendants/appellants filed their written statement along with the counter claim. It is the defence and the counter claim that late Muslem Ali and late defendant No.1, Moulbi Sher Ali were own brothers. After the death of the husband of the plaintiff/respondent and after giving marriage to her daughters on 09.06.1999 the plaintiff/respondent sold the suit land measuring 2 bighas 4 kathas 16 lechas to the defendants/appellants at Rs. 58,000.00 by executing a Katcha deed (Exhibit-Kha). On 008.1999, the basti land measuring 2 kathas 6 lechas were sold by the plaintiff/respondent as referred hereinabove. The said Katcha deed, Exhibit-Kha was executed on the promise that the same would be registered by the plaintiff/respondent after obtaining necessary permission. On 25.07.1999, the plaintiff/respondent delivered possession of the suit land to the defendants/appellants in presence of village people. As the plaintiff/respondent sold the suit land to the defendants/appellants at a sum of Rs. 58,000.00 and delivered the possession to them, so she lost right, title and interest over the suit land. Another suit was preferred by the plaintiff/respondent bearing Title Suit No.62/02 against the defendants/appellants for the same cause of action which was dismissed for default and as such the suit is barred by res-judicata. In the counter claim the defendants/appellants sought for specific performance of contract by way of execution of registered sale deed with respect to the suit land which is covered by the Katcha deed, Exhibit-Kha.;
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