- (1.) HEARD Ms. B. Devi, learned counsel for the appellants. None appears for the respondents.
(2.) THIS second appeal is directed against the judgment and decree dated 26.07.1996 passed by the Assistant District Judge, Nagaon in Title Appeal No. 29/1985 reversing the judgment and decree dated 24.06.1985 of the Munsiff No. 2 Nagaon in Title Suit No. 29/1979 on the issue of possession. The facts of the case may be briefly noted. The suit land measuring 1 bigha 4 kathas 19 Lechas belonged to one Late Haji Iman Ali, the father-in-law of the plaintiff. The suit land was covered by annual patta. During his lifetime, Haji Iman Ali gifted the suit land to the plaintiff by executing registered gift deed dated 09.10.1950. Thereafter, possession of the suit land was handed over to the plaintiff and she continued to enjoy peaceful possession over the suit land. She also got her name mutated in respect of the suit land in the revenue record. In the year 1970, one Sri Ahmed Ali, the defendant No. 2 in the suit, in collusion with the defendant No. 1 Md. Jahuruddin, forcibly dispossessed the plaintiff from a portion of the suit land measuring 2 kathas. At that stage, the plaintiff filed Title Suit No. 4 of 1970, which was subsequently withdrawn by her with permission to refile. Subsequently, the annual patta of the suit land was converted into periodic patta, which was issued to the plaintiff on 22.05.1974 and 31.08.1974. However, during the pendency of Title Suit No. 04 of 1970, the defendants forcibly dispossessed the plaintiff from the entire suit land. Subsequently, the defendant No. 2 purchased a portion of the suit land through a registered sale deed No. 3780 dated 02.11.1976 from the plaintiff. However, the remaining operation of the suit land continued to be under the forcible occupation of the defendant No. 1.
(3.) AGGRIEVED, the plaintiff filed Title Suit No. 29/1979 for declaration of her title over the suit land and for delivery of possession. The defendant No. 1 contested the suit by filing written statement. He denied any execution of gift deed by Haji Iman Ali to the plaintiff and contended that Haji Iman Ali had sold the suit land and also delivered possession to him. His further case was that during resettlement operation of 1968-69, annual patta was issued in respect of the suit land in the name of Haji Iman Ali. According to him, the plaintiff in collusion with the revenue staff, got her name mutated in respect of the suit land in the revenue record. He also contended that at the time of execution of the gift deed, the plaintiff was not the daughter-in- law of Haji Iman Ali as she was divorced by her husband and the two of them remarried only in the year 1955-56. He also took the plea that the suit land was mortgaged by Haji Iman Ali to one Md. Giyasuddin. After the land was redeemed from Md. Giyasuddin, the same was sold to him.;