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2013 Supreme(Gau) 445

N.CHAUDHURY
Bahadur and Samsul Haque – Appellant
Versus
Omed Ali and Somed Ali – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. A.M. Buzarbaruah and Mr. N. Hoque, learned Counsel
For Respondents/Defendant: Mr. S.A. Laskar, Mr. S.K. Deori and Mr. N. Alam, learned Counsel

JUDGMENT

N. Chaudhury, J.

1. This second appeal is preferred by the plaintiffs against the appellate judgment of reversal passed by the learned Civil Judge (Sr. Division), Barpeta on 16.02.2002 in Title Appeal No. 10/2001 thereby allowing the appeal and modifying the trial Court's decree dated 09.01.2001 passed by the learned Civil Judge (Junior Division) No. 1, Barpeta in Title Suit No. 17 of 1998. The learned trial Court had partly allowed the suit of the plaintiffs as well as the counter claim filed by the defendants. The pleaded case of the plaintiffs is that land measuring 3 bighas 3 kathas 16 lechas covered by annual Dag No. 391 (1 bigha 2 kathas) and periodic Dag No. 211 (2 bighas 1 katha 16 lechas) of village Bonbahar originally belonged to the plaintiffs and the proforma defendant Badiurzaman. Plaintiffs No. 1 & 2, namely, Bahadur Ali and Samsul Haque and the original proforma defendant, namely, Late Badiurzaman were brothers. They jointly owned the land in question under Patta No. 15 of Mouza Betbari in village Bonbahar. But on 22.01.1998, defendant No. 1 (Omed Ali) and defendant No. 2 (Somed Ali) sought to create obstruction to them in enjoyment of their fishery situated o





























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