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2009 Supreme(Gau) 755

I.A.ANSARI
Sajal Deb – Appellant
Versus
Anita Dey – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: A.K. Goswami, S. Banik, B. Sarma and B. Bora, Advs.
For Respondents/Defendant: G.N. Sahewalla, Md. Aslam and D. Senapati, Advs.

JUDGMENT

I.A. Ansari, J.

1. The Appellant herein instituted Title Suit No. 03/2004, his case being, in brief, thus:

(i) The plaintiff discontinued his studies due to insufficiency of money and time inasmuch as he was the only earning member of his family and maintaining Defendant Nos. 1, 2, 3 and 6, the Defendant Nos. 1 and 2 being sisters and Defendant Nos.3 and 6 being his mother and brother respectively. The plaintiff had been maintaining, out of his small income, his mother, two sisters and one of his brothers, they all (Defendant Nos. 1, 2 and 6) being minors. In the year 1983, the plaintiff got an opportunity to purchase the suit land. In making purchase of the suit land, proforma Defendant Nos. 4 and 5, both being plaintiff's brothers, rendered financial assistance to the plaintiff. The plaintiff, in good faith, and in order to live a joint family life, got the sale deed, in respect of the said land, registered in favour of his mother, i.e. Defendant No. 3. The suit land was accordingly mutated in the name of his mother.

(ii) In the month of July, 1983, the plaintiff wanted to construct a residential house over the suit land and when he was making necessary preparations, he came































































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