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2015 Supreme(Gau) 688

A.K.GOSWAMI
On the death of Bhabani Prasad Rabha – Appellant
Versus
Dayabati Rabha – Respondent


Advocates Appeared:
For the Appellants :Mr. S.K. Ghosh, Advocate.
For the Respondents:Mr. A. Adhikari, Advocate

JUDGMENT

1.Heard Mr. S.K. Ghosh, learned Counsel for the appellants. Also heard Mr. A. Adhikari, learned counsel for the respondents.

2. The plaintiff has filed the second appeal against the judgment and decree dated 21.06.2006, passed by the learned District Judge, Goalpara in Title Appeal No. 2/2003, dismissing the appeal and upholding the judgment and decree dated 23.05.2003, passed by the learned Civil Judge (Senior Division), Goalpara in Title Suit No. 6/2000, whereby the suit of the plaintiff was dismissed.

3. The defendant No. 1 in the suit is daughter of Hemkanta Rabha and defendant No. 2 is her husband. Defendant No. 3 is a villager of the same village, of which, the defendant Nos. 1 and 2 are resident. Plaintiff Bhabani Prasad Rabha, Hemkanta Rabha and Bhong Rabha were three brothers. Bhong Rabha is the owner and possessor of 22 Bigha 3 Katha 1 Lecha of land as described in the schedule of the plaint. Bhong Rabha died in the year 1990 unmarried, leaving his two brothers as heirs. It was alleged in the plaint that the plaintiff was dispossessed from 4 Bigha 1 Katha 5 Lecha of land on 06.07.1999, which he was possessing during the life time of Bhong Rabha and the land was a






























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