Decided on March 23,2018

Afizuddin Appellant
Harpati Bewa Respondents


MIR ALFAZ ALI - (1.) This second appeal by the defendant is filed against the judgment and decree dated 22.6.16 passed in Title Appeal No. 5/2013, whereby the learned Civil Judge, Dhubri, dismissed the appeal filed by the defendant and upheld the judgment and decree passed by the learned Munsiff in Title Suit No. 425/2007.
(2.) The facts leading to the present second appeal, may briefly be stated thus. The respondent herein, as plaintiff instituted a suit for declaration of right, title and interest, cancellation of Sale Deeds No. 1281 and 1282 dated 31.08.1998, permanent injunction and recovery of possession by evicting the defendants.
(3.) The pleaded case of the plaintiffs was that the predecessor of the plaintiffs, Late Khoibar Ali was the owner of the suit land by right of purchase through auction sale. Later on, a plot of land measuring 1 Katha 4 Lecha was acquired by the Government. After the death of Khoibar Ali in 1997, the plaintiffs approached the revenue authority for mutation of their name. However, the Settlement Officer, Dhubri rejected the prayer of the petitioner and granted mutation in favour of the defendants. Taking advantage of the said mutation, the defendants No. 1 to 3 sold 4 bigha, 1 katha 8 lechas of land to the defendants No. 4 to 7 by registered sale deed No. 1281 and 1282 dated 31.08.1998. Thereafter the defendants also occupied the remaining portion of the suit land illegally, forcing the plaintiffs to bring the suit seeking the reliefs as indicated above.;

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