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SUMAN SHYAM
Md. Arbesh Ali – Appellant
Versus
Md. Aber Ali – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. A. K. Hussain, Advocate
For the Respondent: None appeared at the hearing

JUDGMENT AND ORDER (ORAL)

Suman Shyam, J.—Heard Mr. A. K. Hussain, learned counsel for the appellant.

2. This Second Appeal has been preferred against the judgment dated 15.12.2014 and decree dated 22.12.2004 passed by the learned Civil Judge, Nalbari in Title Appeal No.19/2014 whereby the learned First Appellate Court had upheld the judgment and decree dated 22.04.2014 passed by the learned Munsiff No.1, Nalbari in Title Suit No.42/2010.

3. The plaintiff’s case, in brief, as apparent from the records, is that he had purchased the plot of land mentioned in the Schedule to the plaint on 09.06.2009 by means of a registered deed of sale bearing No.466/09 from the defendant No.1 pursuant whereto he was put in possession in respect of the purchased land. The defendant No.1 on 28.03.2010 forcefully dispossessed the plaintiff from the suit land and thereafter remained in possession of the suit land by constructing a chali house and also dug up a pond. Being aggrieved by such illegal action on the part of the defendant No.1, the plaintiff was compelled to institute the present suit seeking a declaration of his right, title and interest over the suit land and also for recovery of possession


















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