KHARGESWAR DUTTA AND ANOTHER Vs. HIRONMOYEE DUTTA AND OTHERS

JUDGEMENT

(1.) THIS appeal by defendants Nos. 3 and 4, who will hereinafter be called the defendants, is directed against the judgment and decree passed by the Assistant District Judge, Gauhati, in Title Appeal No. 88/66. The plaintiffs case in brief is that she is the daughter of one Hemrath Dutta Choudhury, who had purchased the suit land by registered deed dated 26 -8 -48 for Rs. 300/ -. Hemrath, during his lifetime, made a gift of the suit land to her at the time of her marriage and she has been ever since in undisturbed possession of the land. But as defendants Nos. 3 and 4 threatened to disturb her possession, proceedings wore drawn up under Section 145, Cr. P. C. and ultimately possession of the suit land was declared in favour of the defendants. Hence she filed the suit for declaration of her title and khas possession.

(2.) THE suit land has been described in the plaint as "land measuring 3K -7L which is a part of 4B -2K -18L of the land in Dag No. 129 out of a total 53B -4 -K -13 -L of land in K. P. Patta No. 38 of 1923 -24 of Kukuabarabari village, Mouza Sariha, in Barpeta Sub -division along with a thatched house constructed by the plaintiff and its accessories". The land has been further described to be within four specific boundaries mentioned in the schedule to the plaint. It has further been stated that the suit land is now covered by Dag No. 123 of K. P. Patta No. 9 (new) and a sketch map has been attached showing the situation of the land within the boundaries.

(3.) THE learned Munsiff framed altogether six issues of which we are concerned with only two, namely, -