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2024 Supreme(Gau) 784

PARTHIVJYOTI SAIKIA
Abdul Razzak – Appellant
Versus
Abdul Haque S/o Abdul Majid – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M.K. Choudhury.
For the Respondent: A.U. Choudhury.

JUDGMENT :

PARTHIVJYOTI SAIKIA, J.

1. Heard Mr. M.K. Choudhury, learned counsel representing the petitioner as well as Mr. A.U. Choudhury, learned counsel appearing for the respondents.

2. This is an application under Article 227 of the Constitution of India challenging the order dated 06.12.2018 passed by the Munsiff No. 2, Nagaon in Title Execution Case No. 10/2015.

3. Late Jonab Ali had purchased a plot of land from Md. Rahimuddin, Md. Somed Ali and Md. Noor Jahan Bibi on execution of a registered sale deed. The boundary of the land is like this:

North

Seller’s land

South

Ajit Ali

East

Buyer’s land

West

Ajit Ali

4. Thereafter, they had to file a suit for the said plot of land seeking a decree for declaration of their right, title and interest over the said plot of land. In the plaint, the four boundaries of the land was given as under:

North

Other land of the Plaintiffs

South

Hussain Ahmed and Others

East

Saiful Islam and Others

West

Abdul Haque and Others

5. The said suit i.e. T.S. No. 77/1995 was decreed by the trial court. An appeal was filed and the said appeal being Title Appeal No. 14

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