H.N.SARMA
Rahimuiddin Ahmed – Appellant
Versus
Hamid Ali Saikia – Respondent
This Second Appeal is filed by the plaintiff/appellant. The plaintiff filed the Title Suit No. 19/89 in the Court of Civil Judge (Jr. Divn.), No. 2 at Mangaldoi praying for the following reliefs:
"i) for declaration of right, title and interest over the suit land;
ii) for a declaration that the satedeed No. 117 dated 6\3.85 is illegal, void and inoperative i law; and
iii) for ejectment of the defendant No. 3 from the suit land along with permanent injunction restraining the defendants from disturbing the plaintiff's possession in future."
2. The facts on the basis of which the plaintiff made the aforesaid prayer inter-alia are that the suit land measuring 4 kathas 5 lecha covered by dag No. 1260 of patta No. 16$ 150 situated at village Niranchuba, Mouzz Rainakuchi in the district of Darrang. The 'ka' schedule land originally belonged to on Baihagu and after his death the entire 'ka schedule land devolved on his heirs, and: was equally partitioned among the three brothers, namely, the plaintiff-Rahimuddin, Piyar A and Bahar AH. Equal shares of about 3 kath 11 lechas of land fallen amongst the three brothers are shown by a rough sketch ma below the schedule 'ka' property
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