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2017 Supreme(Gau) 1546

PRASANTA KUMAR DEKA
Anowar Hussain – Appellant
Versus
Jamal Uddin – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.P. Choudhury
For the Respondent: Mr. M.H. Rajbarbhuiyan

JUDGMENT :

1. Heard Mr. S.P. Choudhury, learned counsel appearing on behalf of the appellant. Also heard Mr. M.H. Rajbarbhuiyan, the learned counsel appearing for respondents.

2. The appellants before this court are the plaintiffs in Title Suit No. 86 of 2004 in the court of the learned Civil Judge (Jr. Div.) No. 1, Karimganj and the respondents are the defendants in the said Title Suit No. 86/2004.

3. The facts leading to filing the said Title Suit No. 86/2004 are that the landed property described in Schedule of the plaint is covered by Mohal Elam Patta No. 465/02 and Dag No. 115, under Mouza Pahar, Kitte Kuki Tilla, Porgonah Chapghat in the District of Karimganj. Idris Ali, Ambar Ali and Yakub Ali are the patta holders enjoying the land described in the Schedule of the plaint and same was possessed exclusively till the date. On the death of Idris Ali, Ambar Ali and Yakub Ali their legal heirs Moinuddin, Jalal Uddin and Nasir Uddin inherited the same and enjoyed the possession of the said land. Later on, Moin Uddin, Jalal Uddin and Nasir Uddin transferred the said land by way of registered sale deed No. 57 dated 22.1.2002 to the plaintiff-appellants whereafter, they acquired their r

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