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2002 Supreme(Gau) 181

I.A.ANSARI
Arifa Begum (Musstt) and Ors – Appellant
Versus
Toyab Ali andOrs – Respondent


Advocates Appeared:
T.Gohain Barua, P.K.Deka, Manorama Kumari, A.Sattar, H.Deka, A.Hamid Khan, D.Sharma

LA. ANSARI, J-

Challenging the legality of the order, dated 9.6.97, passed by learned Civil Judge (Jr. Dim) No. 3, Guwahati, on the Petition No. 246/97 made under Order XIV Rule 2 read with Section 151 Cr.P.C. filed in Title Suit No. 297/95, the defendants-petitioners have submitted this revision under Section 115 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as "the Code").

2. The material facts and various stages, which have led to this revision, may, in brief, be stated as follows:-

(i) The plaintiffs-opposite party instituted Title Suit No. 297/95 aforementioned seeking, inter alia, declaration of their joint rights, title and interest on the suit land alongwith the defendant-petitioners, for confirmation of possession, etc., their case being, in a nutshell, thus: Late Poliyancha Shaikh purchased the suit land, on 9.1.96, for valuable consideration from the fund of the joint estate for the benefit all of the members of his family, which included not only the plaintiffs, but also Poliyancha Shaikh's eldest son, Ayub AH (since deceased). As the plaintiffs and the defendants used to live jointly and in commences, as the said purchase was made by Poliya





































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