MIR ALFAZ ALI
Nur Ahmed – Appellant
Versus
On the death of Ram Lakshman Goala his legal heirs Satya Narayan Goala – Respondent
MIR ALFAZ ALI, J.
1. This second appeal by the plaintiffs, is against the judgment and decree passed in Title Appeal No. 9/2007 by the learned Civil Judge, Hailakandi upholding and confirming the judgment and decree passed by the learned Civil Judge (Junior Division), in Title Suit No. 63/2003, whereby the suit of the plaintiffs/appellants was dismissed.
2. Brief facts leading to this second appeal were that the appellants herein, as plaintiffs filed a suit for declaration, that various sale deeds executed by defendant No. 2 as guardian of the plaintiffs were illegal and void, recovery of possession and other reliefs. The case of the plaintiffs/appellants was that the suit land belonged to the father of the plaintiffs Late Surman Ali, who died in the year 1971. At the time of death of their father, the plaintiffs were minors. After death of the father of the plaintiffs, their mother, defendant No. 2, was married to one Azad Ali and the plaintiffs were looked after and brought up by their maternal uncle and maternal grandmother. After attaining majority, the plaintiffs were in possession of the suit land. The defendant No. 1 claiming title over the suit land by right of purc
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