SUDHANSU JYOTI MUKHOPADHAYA, M.Y.EQBAL
Ataur Rahman @ Mohd. Suli – Appellant
Versus
Somari Orain – Respondent
M.Y.Eqbal, J.
1. This appeal under Clause 10 of the Letters Patent is directed against the judgment dated 28.6.91 passed by a learned Single Judge in F.A. No. 553/73(R), whereby the learned Judge has allowed the appeal in part and dismissed the suit in question of Schedule B property.
2. The plaintiff-appellant instituted Title Suit No. 50/67 for declaration of his title in respect of the lands described in Schedules A and B of the plaint and also for a decree for confirmation of possession and in the alternative for recovery of possession of the said properties.
3. The plaintiffs case in brief is that one Peer Mohammad, the deceased father of the plaintiff and Dil Mohammad were the full brothers and they were the raiyats in respect of the land of Khata No. 121 of village Argora fully described in Schedule A of the plaint and their names were recorded in the survey records of right. The plaintiffs further case is that his uncle Dil Mohammad was recorded in respect of Sikmi Khata No. 11 of the said village and those lands have been described in Schedule B of the plaint. The plaintiffs further case is that his father and uncle died leaving behind the plaintiff as their only h
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