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2011 Supreme(Gau) 62

I.A.ANSARI
Nepal Das – Appellant
Versus
Adhiti Deori – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Z. Alam, D. Sharma, K. Konwar and B. Bishaya, Advs.
For Respondents/Defendant: M.H. Choudhury, L.N. Choudhury and W. Rahman, Advs.

JUDGMENT

I.A. Ansari, J.

1. The opposite party herein, as Plaintiffs, instituted Title Suit Page void and that the boundary given in the registered sale deed No. 713 is incorrect and the same is not in respect of the land of Schedule-B and that the decree, obtained, in Title Suit No. 12/2003, by the principal Defendant Nos. 1 and 2, is a decree obtained by fraud and the same is not binding in respect of one bigha of the land of Schedule B to the plaint, the case of the Plaintiffs-opposite party herein being as under:

Late Bangshidhar Deori, father of the Plaintiffs and the principal Defendant Nos. 3 to 7 was the original pattadar of the suit land measuring 35 bighas 2 kathas and 4 lechas. While the suit land was covered by annual patta bearing No. 58(New) and 55(Old) and the same contains six bighas. Later on, the entire land of the said annual patta was converted into a periodic patta land being No. 111 in the name of the principal Defendants No. 3 to 7 alone on payment of the premium. On payment of the premium, the dag numbers of the annual patta were changed and also some adjacent dags were joined into one dag. The new dags being 45 containing an area of 27 bighas 1 kathas and 7 le





























































































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