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2004 Supreme(Gau) 304

I.A.ANSARI
Roma Bhattacharjee – Appellant
Versus
Md. Bachu Sheikh – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: N.M. Lahiri, Sr. Adv. and A.K. Goswami, Adv.
For Respondents/Defendant: D.C. Mahanta, Sr. Adv. and T.J. Mahanta, Adv.

JUDGMENT

I.A. Ansari, J.

1. This second appeal has arisen out of the judgment and decree, dated 30-11-1999 and 20-12-1999 respectively, passed by the learned Civil Judge {Senior Division), Dhubri, in Title Appeal No. 13 of 1998, reversing the judgment, dated 29-61998. and decree, dated 6-7-1998, passed, in Title Suit No. 303 of 1993, by the learned Civil Judge, (Junior Division) No. 1, Dhubri, decreeing the plaintiff-appellant's suit.

2. The case of the plaintiff-appellant may. in brief, be stated thus : Late Jagdish Chandra Biswas had a homestead land, described In Schedule-A to the plaint. Out of the land of Schedule-A, as much as 15 much as 15 land was gifted by the heirs of Jagadish Chandra Biswas to a Kali Mandir Committee. From the heirs of deceased Jagdish Chandra. Biswas, the plaintiff - appellant purchased, vide a Registered sale deed, dated 3-11-1983, 4 kathas 1 lechas of land and took delivery of possession thereof, the land having been so purchased and taken possession of by the plaintiff-appellant being described in Schedule-B to the plaint. On 30-11-1984/85. the defendants - respondents trespassed into the land of Schedule-B and took forcible possession of s a portion th




















































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