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1994 Supreme(Gau) 105

N.G.DAS
Sushil Chandra Sarkar – Appellant
Versus
Chayed Ali – Respondent


Advocates Appeared:
K.N.Bhattacharjee, A.K.Bhowmik

This application under section 115 of the Code of Civil Procedure is directed against the judgment of learned Munsiff, Sonamura dated 26.3.87 whereby learned Munsiff dismissed the suit of the plaintiff who is petitioner before me.

2. The brief facts of the case are that on 31.5.85 the petitioner herein filed Title SuitNo.21 of 1985 against the respondents for restoration of the possession of land measuring 7 kanis 16 gandas and 1 kara (hereinafter referred to as 'suit land' which is more particularly described in the schedule attached to the plaint). It was pleaded that the suit land originally belonged to Eaqub Ali, Mainul Hossen, Altab Ali and Abdul Karim who exchanged the suit property with the property of the father of petitioner in East Pakisthan (now Bangladesh). To effectuate the exchange the aforesaid owners executed a Power of Attorney in favour of Nibaran Chandra Sarkar (the father of the petitioner) who by virtue of that Power of Attorney executed a deed of sale transferring the suit land in favour of the petitioner who was at that time a minor. It was further pleaded that the petitioner's father got possession of the land and he was also exercising possession over the su


















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