SUMAN SHYAM
On the death of Phanindra Chakraborty His legal heirs Pradip Chakraborty – Appellant
Versus
Madhabi Sharma – Respondent
Heard Mr. F.U. Borbhuyan, learned counsel for the appellants. Also heard Mr. R.C. Paul, learned counsel appearing for the respondent.
2. This second appeal arises out of a judgment and decree of reversal dated 22-07-2004 passed by the Ad-hoc Addl. District Judge, Karimganj in Title Appeal No. 39/2002 allowing the appeal filed by the defendants as appellants thereby setting aside the judgment and decree dated 13-05-2002 passed by the learned Civil Judge (Jr. Div.) No. 2, Karimganj in Title Suit No. 176/1999 whereby the learned Trial Court had decreed the suit filed by the plaintiff.
3. The case of the appellant plaintiff, in brief, is that Gopendra Namasudra and Dhaniram Namasudra, both sons of late Madhab Namasudra, were the resident of village Suprakandi and enjoying right and possession in respect of the suit land as jute tenants under the landlord Kumar Bahadur. The said two persons had sold the jute right in respect of the suit land to the plaintiff about 38/39 years ago and delivered possession in favour of the plaintiff. Thereafter, Gopendra Namasudra had cancelled his name in the touzi of the landlord and substituted the name of the plaintiff in the touzi. Accordingl
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