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2013 Supreme(Gau) 459

B.P.KATAKEY
Md. Mubassir Hussain – Appellant
Versus
Md. Nekbor Ali – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. B.C. Das, (Sr. Adv.), Mr. D. Mazumdar, Mr. A.J. Sarma, Mr. J. Saikia and Mr. R. Sarma
For Respondents/Defendant: Mr. B.R. Dey, (Sr. Adv.), Ms. T. Goswami and Mr. P. Sen

JUDGMENT

B.P. Katakey, J.

1. This appeal by the plaintiff is directed against the judgment and decree dated 24.04.2002 passed by the learned Civil Judge (Sr. Division), Nagaon in Title Appeal No. 27/2000, allowing the appeal preferred by the defendant Nos. 1, 4 and 11, thereby dismissing the suit of the plaintiff, by setting aside the judgment and decree dated 24.05.2000 passed by the learned Civil Judge (Junior Division) No. 1, Nagaon in Title Suit No. 8/1995, whereby and whereunder the suit of the plaintiff was initially decreed. The appellant as plaintiff instituted the aforesaid suit for declaration of right, title and interest in respect of 1 katha 151/2 lechas of land covered by annual patta No. 39 (old), 33 (new), more fully described in Schedule-A to the plaint and also for confirmation of possession in respect of Schedule-B land as well as for recovery of khas possession in respect of Schedule-C land by evicting the defendant Nos. 1, 4 and 11 therefrom by demolishing the structures raised thereon. Schedule-B and Schedule-C land are part of Schedule-A land. The pleaded case of the plaintiff is that the land measuring 1 katha 151/2 lechas (Schedule-A land) originally belonged


































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