The legal point established is the validity of the sale deed and the rights of legal heirs under Mohammedan Law.

JUDGMENT :

Heard Mr. S. Dasgupta, learned counsel for the appellant. Also heard Mr. K.A. Mazumdar, learned counsel for the respondent no.1.

2. The first appellate judgment and decree dated 19.09.2006, passed by the learned Civil Judge, Nagaon, in Title Appeal No. 16/2004 is under challenge in the present appeal filed under Section 100 CPC.

3. The respondent no.1 is the plaintiff in T.S. No. 22/1999. The appellant herein, who was the principal defendant no.1 in the said suit, had also filed a counter-claim against the respondent no.1/plaintiff. Out of 26 (twentysix) proforma defendants, only the proforma defendant nos.2 and 3 had contested the suit by filing their joint written statement.

4. The learned Trial Court had dismissed the suit and decreed the counter-claim of the appellant by declaring the sale deed no. 1201/1999 dated 23.03.1999 as forged, fraudulent, void and inoperative in law.

5. By the impugned appellate judgment and decree, the learned first appellate Court had reversed the judgment and decree dated 09.02.2004 passed by the learned Civil Judge (Junior Division), Hojai, Sankardev Nagar in T.S. No. 22/1999 by decreeing the suit, declaring tight, title, interest of the respondent-plaintiff over the suit land, confirmation of possession and decree for permanent possession and moreover, the counter-claim of the appellant was dismissed.

6. In brief, the case of the respondent/plaintiff in the plaint was that the appellant and the proforma defendant nos.2 to 7 were the sons and daughters of Late Mohammed Ali Beg, who was the original pattadar and the proforma defendant no.8 was his wife. On death of the original pattadar, the proforma defendant nos. 2 to 8 became the owners and possessors of the suit land by way of right of inheritance. By executing registered sale deed no. 1201/1999 dated 23.03.1999, registered at the Sub-Registry at Hojai, a plot of land measuring 1 bigha was sold by the proforma defendant nos.2 and 3 to the respondent no.1 and purportedly delivered possession thereof and accordingly, the respondent had claimed that he possessed the suit land as title holder. On the allegation that the appellant, without any right, title and interest or possession over the suit land made an attempt on 20.07.1999 to forcibly take possession and to plough the same. Accordingly, claiming that cause of action for the suit was arose on 20.07.1999, Abdul Gafur Barbhuiya, the respondent, had filed a suit for declaring his right, title and interest over the suit land, for a decree of confirmation of possession over the suit land, for a permanent injunction against the appellant to restrain him from disturbing the possession of the respondent-plaintiff over the suit land, cost, etc. The suit land is described in Schedule-A of the plaint, which is 1 bigha out of 7 bigha-4 katha2 lessa land, covered by dag no. 61, Periodic Patta No. 79, under Nam Daboka Village Kisam, Mouza-Jogijan, Circle-Hojai with definite four boundaries as described in the plaint.

7. The appellant-defendant no.1 had contested the suit by filing his written statement and had denied the statements made in the plaint. It was denied that the appellant had no right, title and interest or possession over the suit land and he had justified his entrance into the suit on 20.07.1999 on the basis of his right, title and interest and possession over the suit land and ploughing it. The appellant had claimed that the suit land originally belonged to Mohammed Ali Beg (since deceased), who had left behind the proforma defendant nos. 2 to 8 as his sons, daughters and wife respectively. It was further claimed that after the death of Mohammed Ali Beg, the suit land devolved only on the proforma defendant nos. 2 to 8 as per the Mohammedan law of inheritance. It was submitted by the learned counsel for the appellant that the suit land was not partitioned and therefore, the suit land was enjoyed by all the heirs jointly. It was claimed that the respondent no.1 made an attempt to ente