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1972 Supreme(Gau) 5

R.S.BINDRA
Abdul Ali and others – Appellant
Versus
Harija Bibi – Respondent


Advocates Appeared:
N.M. Dam, C.R. De, A.M. Mazumdar, P.K. Bhatacharjee

Judgement

JUDGMENT:- This second appeal by the plaintiffs is directed against the decree of Shri S. Haque, the Assistant District Judge, Cachar, Silchar, Shri Haque accepted the appeal of the defendant Harija Bibi against the decree of the trial court on reversing the finding of the latter that the plaintiffs-respondents had proved their prescriptive title to the land in dispute, and in consequence dismissed their suit with costs.

2. The case of the plaintiffs was that Ahmed Ali was the original owner of the land in dispute, that he (Ahmed Ali) sold a part of the land in dispute to plaintiffs Nos.1, 2 and 3 and Jowed Ali, the father of plaintiff No.4 and the husband of plaintiff No.5 by a registered sale deed Ex.5, dated 16-2-1935, and that thereafter he sold the balance of the land in dispute to the same vendees per registered sale deed Ex.7, dated 17-10-1938. Ever since the date of purchase, the Plaintiffs alleged, they had been in possession of the land without any disturbance. The right and interest of Jowed Ali in the land was inherited by plaintiffs Nos.4 and 5 on his death. During the survey carried out in the latest settlement, the entire land in dispute was entered in the na




















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