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2017 Supreme(Gau) 652

PRASANTA KUMAR DEKA
On the death of Suleiman Ali his legal heirs Ahad Ali – Appellant
Versus
Musstt. Safia khatoon – Respondent


Advocates Appeared:
For the Appellants : Mr. N. Dhar & Mr. T.U. Laskar
For the Respondent: Mr. P.K. Kalita & Mrs. T. Goswami

JUDGMENT AND ORDER :

Heard Mr. N. Dhar, learned counsel appearing on behalf of the appellants. Also heard Mr. P.K. Kalita, learned counsel appearing on behalf of the respondents.

2. The appellants before this Court are the defendants in Title Suit No. 50/94 which was filed by the plaintiff/respondent in the Court of Civil Judge (Jr. Divn.) No. 2, at Nagaon.

3. The facts, banking on which the plaintiff/respondent filed Title Suit No. 50/94, within a short compass is that suit land measuring 15 bighas 3 Kathas 5 Lechas covered by Dag No. 258, 286, 187, 326 and 327 of 1968-69 settlement situated in Chankhula under Gurubat Mouza in the District of Nagaon, originally belonged to Mohiran Nessa, the mother of the plaintiff/respondent. Mohiran Nessa died on 27.11.1992 leaving the plaintiff/respondent as her sole legal heir. The mother of the plaintiff/respondent married one Babar Ali who had also a second wife and from her side, Alaluddin and Jalaluddin are the sons who are impleaded in the Title Suit as the principal defendants No. 1 & 2. After the death of the mother of the plaintiff, the suit land measuring 15 bighas 3 Kathas 5 Lechas referred hereinabove was looked after by her husband Ba









































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