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2011 Supreme(Gau) 808

I.A.ANSARI
Habibar Rahman – Appellant
Versus
Umme Nessa @ Kulsum – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. P. Sharma, Mr. K.H. Khandakar and Ms. A. Devi
For Respondents/Defendant: Mr. K. Bhattacharjee, Mr. N. Rajkhowa and Mr. M. Bhattacharjee

JUDGMENT

I.A. Ansari, J.

1. This is a second appeal, which has arisen out of a judgment and decree, dated 22.11.2010, passed, in Title Appeal No. 14 of 2009, by the learned Civil Judge, Dhubri, dismissing the appeal and upholding the judgment and decree, dated 31.10.2009, passed, in Title Suit No. 232 of 2007, by the learned Munsiff No. 1, Dhubri, decreeing the suit in favour of the plaintiff.

2. I have heard Mr. P. Sharma, learned counsel, for the defendant-appellants, and Mr. K. Bhattacharjee, learned counsel, for the plaintiff-respondents.

3. Briefly put, the case of the respondent, as plaintiff, is as follows :

The plaintiff's father, Kobejuddin @ Kobej Sk., was the owner of the suit land. During his lifetime, Kobejuddin gifted the suit land, on 3.1.1994, by executing an unregistered gift deed and delivered possession of the suit land to her on the same day. Before obtaining the possession, the plaintiff constructed her residential house over the suit land and remained, on the suit land, by paying revenue and got her name mutated, too, in the record of rights. However, after the death of her father, the defendants, (i.e., appellants herein), who are her own brothers, started disturb



















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