NEPURJAN BIBI CHOUDHURY Vs. MUSABBIR ALI CHOUDHURY AND OTHERS
HIGH COURT OF GAUHATI
Nepurjan Bibi Choudhury
Musabbir Ali Choudhury And Others
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MIR ALFAZ ALI,J. -
(1.) This second appeal by the defendant is filed against the judgment and decree dated 12.03.2014 passed by the learned Civil Judge, Hailakandi in Title Appeal No. 2/2013, whereby learned Civil Judge reversed the judgment and decree dated 26.11.2012 passed by the learned Munsiff, Hailakandi in Title Suit No. 85/2007 and decreed the suit of the plaintiff.
(2.) The plaintiff filed Title Suit No. 85/2007 for declaration of right, title and interest, confirmation of possession and other consequential reliefs.
(3.) The case of the plaintiffs was that the suit land measuring 1 bigha, 4 katha and 4 chatak covered by Patta No. 177 and Dag No. 444 was purchased by Insan Ali from Mahmud Ali and Koramat Ali, predecessors of the plaintiffs and principal defendant No. 1, respectively. After purchasing the suit land, said Insan Ali allowed Mahmud Ali to occupy the land by executing a 'Korarnama' and subsequently by a registered sale deed, Insan Ali sold the suit land to Mahmud Ali, predecessor of the plaintiffs and Mahmud Ali had been possessing the suit land as owner. After the death of Mahmud Ali, the plaintiffs as legal heir, inherited the suit property and have been possessing the same without any interference from any quarter. The principal defendant No. 1 instituted a criminal proceeding under Section 145 and 146 CrPC by making false allegations and obtained an order of attachment of the suit land. Although the Executive Magistrate passed the order of attachment, the land was not physically attached and as such, the plaintiffs continued to possess the suit land. On the strength of the order passed by the Executive Magistrate, the defendant No.1 tried to occupy the suit land and hence, the plaintiffs filed the suit praying for the reliefs as indicated above.;
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