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2022 Supreme(Gau) 259

PARTHIVJYOTI SAIKIA
HAJI ALA UDDIN S/O LATE ABDUL KHALIQUE – Appellant
Versus
JOINAL ABEDIN S/O LATE ABDUL AZIR – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R. CHOUDHURY.

ORDER :

1. Heard Ms. R. Choudhury, learned counsel representing the appellants. None appeared for the respondents.

2. This is a regular second appeal under Section 100 of the Code of Civil Procedure whereby the judgment and decree dated 28.08.2015 passed by the Civil Judge, Karimganj, in Title Appeal No. 39/2012 arising out of the judgment and decree dated 02.07.2012 passed by the Munsiff No. 1, Karimganj in Title Suit No. 214/2015.

3. The case of the appellants (plaintiff before the trial court) is as under:

    The appellants claimed that they had inherited a parcel of land as described in the first schedule of the plaint. They had claimed that the respondents have illegally occupied a portion of the said land which is described in the second schedule of the plaint.

4. The first schedule land was originally settled in the name of Hasid Ali, the predecessors of the appellants. After his death, his sons inherited the land.

5. During the settlement operation in the years 1960-1968, the first schedule land was recorded in the names of the sons, daughters and the wife of late Hasid Ali. Even in the last settlement operation also, same thing was done, though the name of Asma Khatun was also reco

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