GAHC010270352023 2025:GAU-AS:16873

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : CRP(IO)/384/2023

SMTI. ISHRAWATI DEVI AND ANR

W/O RAM BACHAN ROBIDAS, R/O LAKHIPUR TOWN, WARD NO. 3, P.O.

AND P.S.-LAKHIPUR, DIST-GOALPARA, ASSAM

2: RAM BACHAN ROBIDAS

S/O LATE KASHIRAM ROBIDAS

R/O LAKHIPUR TOWN

WARD NO. 3

P.O. AND P.S.-LAKHIPUR

DIST-GOALPARA

ASSA

VERSUS

OSMAN GANI MOLLAH AND 8 ORS

S/O LATE AKBOR ALI, R/O VILL-TARANGAPUR, P.O.-TULSIBARI, P.S.-

LAKHIPUR, DIST-GOALPARA, ASSAM

2:NAZIMUDDIN AHMED

S/O LATE AKBOR ALI

R/O VILL-TARANGAPUR

P.O.-TULSIBARI P.S.-LAKHIPUR

DIST-GOALPARA

ASSAM

3:NAZMUL HAQUE

S/O LATE AKBOR ALI

R/O VILL-TARANGAPUR

P.O.-TULSIBARI P.S.-LAKHIPUR

DIST-GOALPARA

ASSAM

4:NAZIRUDDIN AHMED S/O LATE AKBOR ALI R/O VILL-TARANGAPUR P.O.-TULSIBARI P.S.-LAKHIPUR DIST-GOALPARA ASSAM

5:KABIR HUSSAIN S/O MOSLEMUDDIN R/O LAKHIPUR TOWN P.O. AND P.S.-LAKHIPUR DIST-GOALPARA ASSAM

6:NUR HUSSANI S/O LATE SUKUR ALI R/O LAKHIPUR TOWN P.O. AND P.S.-LAKHIPUR DIST-GOALPARA ASSAM

7:MD. SURMAN ALI S/O LATE MOKRAM ALI R/O LAKHIPUR TOWN P.O. AND P.S.-LAKHIPUR DIST-GOALPARA ASSAM

8:HAFIZUR RAHMAN S/O ABU TAHER MIAH R/O VILL-HATHATHIA P.S.-LAKHIPUR DIST-GOALPARA ASSAM

9:AKBOR HUSSAIN S/O BASIR MIAH R/O LAKHIPUR TOWN P.O. AND P.S.-LAKHIPUR DIST-GOALPARA ASSA Advocate for the Petitioner : MR. B D DEKA, MR A DEKA,MR A BHATRA,MR. M DAS,N CHAUDHURY Advocate for the Respondent : MR H DAS (r-1 to 8), BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Advocates for the petitioners : Mr. N. Chaudhury Advocate for the respondents : Mr. H. Das Date on which judgment is reserved : 08.09.2025 Date of pronouncement of judgment : 08.12.2025 Whether the pronouncement is of the operative part of the judgment : Full judgment.

Whether the full judgment has been pronounced : Yes JUDGEMENT AND ORDER (CAV)

Factual Matrix :-

This petition is filed under Article 227 of the Constitution of India, assailing the order dated 31.05.2023 passed by the learned Munsiff No. 1, Goalpara in Misc. (J) Case No. 118/2022 arising out Title Suit No. 125/2007.

2. The petitioners in this case are Smti. Ishrawati Devi and Shri Ram Bachan Robidas and they were the original plaintiffs, who brought up the Title Suit No. 125/2007 against the respondents Osman Gani Mollah, Nazimuddin Ahmed, Nazmul Haque and Naziruddin Ahmed, who were arrayed as defendants in the original Title Suit. The petitioners and the respondents will be referred to in their standing as plaintiffs and defendants.

3. A total of 21 (Twenty One) defendants were arrayed in the aforementioned title suit which was later re-numbered as Title Suit No. 125/2007. The suit land admeasuring 3 Kathas is a part of a larger plot of land admeasuring 1 Bigha 4 Kathas 3 Lechas under the ownership of Kiron Bala Das and this land devolved upon Ashutosh Das, Monindra Chandra Das, Nirendera Chandra Das and Hirendra Chandra Das. Vide Sale Deed No. 715/576 dated 11.05.2007, Nirendra Chandra Das sold a parcel of land measuring 2 Kathas 9 ½ Lechas covered by Dag No. 963/1475 of Patta No. 259(old)/769(new) under P.S. and Circle – Lakhipur, town – Lakhipur in the district of Goalpara. A house with C.I. sheet roofing was available in the aforementioned land and this land was sold to plaintiff No. 1. Nirendra Chandra Das and the plaintiff No. 1 vide another Sale Deed No. 1086/899 dated 24.07.2007 sold a plot of land to the plaintiff No. 2 and delivered possession thereof and thus, both the plaintiffs were under possession of a total plot of land admeasuring 3 Kathas 9 ½ Lechas and have constructed their house over the land.

4. By dint of right, title, interest and possession, the plaintiffs’ names were mutated in the record of rights and subsequently, (in partition case No. 01/2007) the aforementioned land measuring 3 Kathas 9 ½ Lechas have been separated from its original Patta No. 259 by creating a new Patta No. 769 and Dag No. 963/1475 in the name of the plaintiffs.

5. In their plaint, the plaintiffs have averred that the defendants No. 1