RSA 184/2006. Gauhati High Court
| Case Number | RSA 184/2006 |
| Judgement Date | April 04, 2020 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
(The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Case No: RSA No. 184/ 2006
Md. Anowar Hussain & others …… Appellants
- Versus -
Jamal Uddin & others ...... Respondents
BEFORE ::
HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA
For the Appellants : Mr. S.P. Choudhury
Advocate
For the Respondent : Mr. M.H.Rajbarbhuyan
Advocate
Date of Hearing : 04.04.2017 Date of delivery of
Judgment and Order : 04.04.2017
JUDGMENT AND ORDER
Heard Mr. S.P. Choudhury, learned counsel appearing on behalf of the appellant. Also heard Mr. M.H. Rajbarbhuyan, the learned counsel appearing for respondents.
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The appellants before this Court are the plaintiffs in Title Suit No. 86/ 2004 in the Court of the learned Civil Judge (Jr. Div) No. 1,
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RSA No. 184/2006
Karimganj and the respondents are the defendants in the said Title Suit No. 86/ 2004.
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The facts leading to filing the said Title Suit No. 86/ 2004 are that the landed property described in Schedule of the plaint is covered by Mohal Elam Patta No. 465/ 02 and Dag No. 115, under Mouza Pahar, Kitte Kuki Tilla, Porgonah Chapghat in the District of Karimganj. I dris Ali, Ambar Ali and Yakub Ali are the patta holders enjoying the land described in the Schedule of the plaint and same was possessed exclusively till the date. On the death of I dris Ali, Ambar Ali and Yakub Ali their shares Moin uddin, Jalal Uddin and Nasir Uddin inherited the same and enjoyed the possession of the said land. Later on, Moin Uddin, Jalal Uddin and Nasir Uddin transferred the said land by way of registered sale deed No. 57 dated 22.01.2002 to the plaintiff/ appellants where after, they acquired their right, title and interest and possession over the land described in the Schedule of the plaint. The plaintiff/ appellants have reared fishes on the northern side of the low lying land within the boundary and planted annual Hali chara on the southern side. The defendant/ respondents out of enmity tried to dispossess the plaintiff/ appellants from the said land and as such they filed the suit for declaration that they have got the land holder right over the land described in the Schedule of the plaint so purchased by the registered deed No. 57 dated 22.01.2002 and for confirmation of possession along with the declaration that the defendant/ respondents have got no right title and interest and possession over the said land and for permanent injunction restraining the defendant/ respondents from entering into the suit land.
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RSA No. 184/2006
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The suit land as revealed from the Schedule of the plaint is described hereinbelow:- “ Schedule under PS. Badarpur, Mouza Pahar, Kitte Kuki Tilla, Porgonah Chapghat, Mohal Elam periodic patta No. 465/ 02 dag No. 115, chara and low lying land measuring 1 kedar, butted and bounded-on the East-PWD Road,
on the West- Panchayat Rasta and on further West- Tilla land,
on the North- Homestead of Burhanuddin,
on the South- Panchayat Rasta and on further South- Jama Masjid of village Bagligool. “
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The defendant/ respondents filed written statement and denied the contention made in the plaint by the plaintiff/ appellants.
I t is contended in the written statement that the plaintiff/ appellants had wrongfully claimed the land purchased by the defendant/ respondents by giving false and concocted boundaries. That the predecessors of vendors of defendants Nos. 1 to 5 on amicable partition with his co-sharers got the Schedule land described in the Schedule of their written statement with other contiguous land situated on the eastern side of the Schedule land which is intervened by the PWD road. The Schedule land described in their written statement and its contiguous eastern boundary intervened by the PWD road is the homestead pond chara land of the predecessor of the vendors of the defendant/ respondents. On the death of Abdul Bari, the predecessor of
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RSA No. 184/2006
the vendors of defendant/ respondents No. 1 to 5 inherited...
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