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2012 Supreme(Gau) 585

BROJENDRA PRASAD KATAKEY
On the death of the Hazarat Ali, his legal heir Md. Fakaruddin Ali Ahmed – Appellant
Versus
On the death of Jamiruddin his heirs and legal representatives - Abdul Razzak – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Mr. A.C. Sarma and Mr. P. Chakraborty
For Respondents/Defendant: Mr. S. Sarma and Mrs. J. Deka

JUDGMENT

Brojendra Prasad Katakey, J.

1. This appeal by the plaintiffs is directed against the judgment and decree dated 18.11.1999 passed by the learned Civil Judge (Senior Division), Nagaon in Title Appeal No. 7/1998 allowing the appeal preferred by the defendants by setting aside the judgment and decree passed by the Trial Court dated 29.01.1998 in Title Suit No. 126/1993. The appellant as plaintiff instituted Title Suit No. 126/1993 in the Court of the learned Civil Judge (Junior Division) No. 1, Nagaon, (now Munsiff) claiming right, title and interest, by purchase, in respect of 7 bighas 1 katha 8 lechas of land covered by Dag No. 216(old)/ 413(new) of periodic patta No. 12(old)/168(new), more fully described in Schedule-A to the plaint and also for confirmation of possession in respect of Schedule-B land measuring 4 bighas 1 katha 8 lechas and for recovery of khas possession by evicting the defendants from Schedule-C land measuring 3 bighas, both part of the Schedule-A measuring 7 bighas 1 katha 8 lechas, contending inter alia that the land measuring 10 bighas 2 kathas 19 lechas originally belonged to Ali Sheikh, who died leaving behind his wife Kadarjan Bibi, 4 sons and 3 daug





























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