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2017 Supreme(Gau) 1155

PRASANTA KUMAR DEKA
Anwar Hussain Laskar A. – Appellant
Versus
Md. Sarif Uddin Mia – Respondent


Advocates Appeared:
For the Appellant : Mr. S. Banik

JUDGMENT AND ORDER :

Prasanta Kumar Deka, J.

Heard Mr. S. Banik, the learned counsel appearing on behalf of the appellant. None appeared on behalf of the respondents though names of the learned counsels are shown in the cause list. Considering the length of pendency of this second appeal this is taken up for hearing.

2. The appellants herein are the plaintiffs in Title Suit No. 87/2003 preferred against the present respondents/defendants therein. The suit of the plaintiffs/appellants is for recovery of possession and permanent injunction simpliciter. The case of the plaintiffs/ appellants in brief is that the land described in Schedule-1 of the plaint belonged to Musod Ali, Kurman Ali, Sadim Ali, Azam Ali and Moimunnessa Bibi. Azam Ali died living behind his son Jamal Uddin and wife Harisha Bibi as his legal heirs inheriting land to the extent of his share in the suit patta. The said pattadars Musod Ali, Sadim Ali, Jamal Uddin and Harisha Bibi jointly sold their entire land of suit patta to one Siraj Uddin, son of other pattadar Kurman Ali. Since then, the said Siraj Uddin was in possession of 10K 8Ch of land in the suit patta till the transfer of such land by way of sale to one Faizu
































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