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2020 Supreme(Gau) 8

MIR ALFAZ ALI
Pramod Kalita – Appellant
Versus
Anil Kalita – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.M. Sarma.
For the Respondent: T.K. Bhuyan.

JUDGMENT :

Mir Alfaz Ali, J.

1. This regular first appeal is by the plaintiffs against the judgment and decree dated 12.01.2017 passed by the learned Civil Judge (No. 1), Kamrup, Guwahati in Title Suit No. 122/2007 dismissing the suit of the plaintiffs.

2. The appellant as plaintiff filed the suit for declaration of right, title, interest, recovery of possession and permanent injunction. The case of the plaintiff was that Late Lalit Ch. Bharali was the original owner of the suit land measuring 1 bigha 16 lechas covered by Patta No. 241 and Dag No. 466 described in the schedule of the plaint. The plaintiff No. 1 by registered sale deed No. 2316 dated 10.03.2005 purchased 2 katha 18 lechas of land out of Dag No. 466 from Mrigen Bharali (proforma defendant No. 5) being the legal heir of late Lalit Ch. Bharali. The plaintiff No. 2 also purchased 2 katha 18 lechas of land out of the said Dag No. 466 from Mrigen Bharali by sale deed No. 2317 dated 10.03.2005. It was stated that one Bhaben Rongpi cultivated the land under the original pattadar and on an amicable settlement with the Bhaben Rongpi, the legal heir of Lalit Ch. Bharali, proforma defendant No. 5 sold the entire land of Dag No. 46

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