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2017 Supreme(Gau) 889

PRASANTA KUMAR DEKA
Md. Babar Ali Choudhury – Appellant
Versus
On the death of Md. Abdul Mannan Choudhury, His legal heirs, Msstt. Anowara Begum – Respondent


Advocates Appeared:
For the Appellant : Mr. SK Ghosh.
For the Respondent: Mr. FU Barbhuiya.

JUDGMENT AND ORDER :

1. Heard Mr. SK Ghosh, learned counsel for the appellants and Mr. FU Barbhuiya, learned counsel appearing on behalf of the respondents.

2. The present second appeal has been preferred by the appellants who are the plaintiffs in Title Suit No. 54/1998. It is the case of the plaintiffs/ appellants that one Kanu Mia was the original owner of 6B 4K 1Ch of land covered by patta No. 16. The said land was resurveyed to R.S. Patta No. 19 under Dags No. 103, 104, 104/215 and 105 and subsequently resurveyed in the second R.S. Patta No. 36 under Dag Nos. 75, 97 and 98. On the death of Kanu Mia, his wife Nabiza Bibi and two sons, namely, Arjan Ali and Amber Ali inherited the property left by him. Subsequently, on the death of Nabiza Bibi both Arjan Ali and Amber Ali inherited the said land equally measuring 3B 2K 10G each. Arjan Ali died leaving behind his wife Nekjan Bibi, Hamid Ali (son) and three daughters, namely, Potoi Bibi, Arijan Bibi and Kutina Bibi. The said legal heirs of Arjan Ali inherited the properties left by him. Amber Ali and Nekjan Bibi mortgaged 2B 8K 8Ch of land covered by the second R.S. patta No. 19 to one Latai Mia vide registered deed No. 2447 dated 2





































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