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2010 Supreme(Gau) 335

B.P.KATAKEY
Sufia Khatijn (Musstt. ) & Ors. – Appellant
Versus
Bhoimuddin Sheikh (Md. ) @ Ahmed & Anr. – Respondent


Advocates Appeared:
Appellants:Mr.B.K.Chose, Mr.N.Chakraborty & Mr.C.Goswami, Respondents: Md.A.Hussain, Mr.S.Baruah & Mr.C.Bhattacharyya

B.P. Katakey, J. -

This appeal by the plaintiffs, is directed against the judgment and decree dated 07.06.2000 passed by the learned Civil Judge (Sr. Division), Darrang. in Title Appeal No. 5/1998, allowing the appeal preferred by the present respondents/defendants by setting aside the judgment and decree dated 28.01.1998 passed by the learned Civil Judge (Jr. Division) No. 2, Mangaldoi, Darrang. in Title Suit No. 55/1981, whereby and whefeunder, the suit of the plaintiffs was decreed.

2. The plaintiffs/appellants instituted the Title Suit No. 55/1981 in the Court of the learned Civil Judge (Jr. Division) No. 2, praying for a decree for declaration of right. title, interest and confirmation of possession as well as for declaration that a gift deed dated 14.10.1980 allegedly executed by Haji Eba Sheikh in favour of the respondents/defendants is fraudulent, void and inoperative, contending inter alia that out of 21 bighas 15 lechas of land belonging to Haji Eba Sheikh, the grand-father of the plaintiff Nos. 1,2 and 3,15 bighas 15 lechas of land in different Dags in Patta Nos. 19 (old) and 13 (new) of village-Ghopeli, Mouja - Dipila, in the District -Darrang. was sold by him to the plai






































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