MD HAFIZ Vs. NOORJAHAN

JUDGEMENT

(1.) This revision petition arises from an order of 24th June, 1981 of the Sadar Munsiff Gauhati passed in T.S. No. 18 of 1979.

(2.) The opposite party as a plaintiff brought the suit (T.S. No. 18 of 1979) against the defendant-petitioners and others in the Court of the learned Sadar Munsiff Gauhati claiming the following reliefs : -

(3.) The plaintiff brought the suit on the footing that she is one of the co-owners of the land having an area of 28 B OK 11 L under K.P. Patta No. 285 situated at Japorigog at Beltola Mouza in the district of Kamrup. Out of 28 B OK 11 L of the land, her share is 7 B OK 23/4 L (The suit land is the land comprising the said 7 B OK 23/4 L). She has been in possession of the suit land as her share. But the defendant 1, out of 28 B OK 11 L of the land, had made a gift of 20 B-4 K - 6 L to his sons, the defendants 2 to 5, under a registered deed without delivery of possession fraudulently in order to deprive the plaintiff of her share, and had sold 2B-4KOL to the defendants 7 to 12 under different sale deeds illegally without her knowledge. The government had acquired 2B-2K-2L from the share of the defendant 1 and he received the compensation awarded. The defendant 8 got the land purchased by him mutated and partitioned in the revenue office (Court). Therefore, after the said gift, sales and acquisition, there remained 2 Bighas of land out of 28 B-OK-11 L whereas her share is 7BOK-23/4 L and as such the sales and gift are illegal.