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2013 Supreme(Gau) 736

NISHITENDU CHAUDHURY
Abdul Mannan Mazumdar – Appellant
Versus
Alauddin Laskar – Respondent


Advocates:
For the Appellant : Mr. P. Roy.
For the respondent: M. B. Banerjee

This second appeal has been preferred by the appellant-plaintiff against the concurrent findings arrived at by both the counts below dismissing the suit of the plaintiff-appellant.

2. The plaintiff filed a suit in the court of learned Assistant District Judge No.1, Cachar, Silchar praying for declaration of right, title and interest and recovery of khas possession of a plot of land measuring 11 kathas, 7 chataks, 8 gondas, 2 koras and 2 krantis appertaining to various dags and bounded by different boundaries mentioned in the schedule to the plaint. According to the plaintiff, the suit land along with other lands originally belonged to one Raj Kishore Nath and his brother Sarat Chandra Nath, who transferred the land in favour of one Haidar Mia Mazumdar. Haidar died leaving behind five sons, namely, Abdul Mazid, Abdul Rehman, Abdul Hamid, Abdul Manaf and Abdul Khalek. The four sons of Haider Mia out of the aforesaid five sons, namely, Abdul Manaf, Amdul Mazid and Abdul Rehman transferred their shares in various dags arid pattas in favour of Namar Ali. Namar AH also purchased the share of Abdul Hamid and, thus, Namar AH purchased the title of four sons of Haider Ali leaving only one so


















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