RSA 100/2007. Gauhati High Court

Case Number:RSA 100/2007
Judgement Date:May 25, 2020
Court:Gauhati High Court
SUMMARY

Second Appeals arising out of suits for title and/or injunction

 
FREE EXCERPT

IN THE GAUHATI HIGH CoURT

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

RSA 100 of 2007

Versus-

  1. DAROG ALI

  2. SUKUR ALI

  3. AZGAR ALI

  4. W3AHAB ALI

  5. YERCHAND ALI

    ALL SONS OF LATE NAZUMUDDIN,

    VILL. BANIARPARA, MOUZA-GHILAZARI,

    PS/DIST. BARPETA, ASSAM.

    BEfoRE

    HoN’BLE MR. JUSTICE PRASANTA KUMAR DEKA

    Advocate for the appellant Mr. N Haque

    Advocate for the respondent Mr. M H Ahmed Date of hearing & Judgment: 25th May, 2017

    JUDGMENT AND oRDER

    (oRAL)

    Heard Mr. N Haque, the learned counsel appearing on behalf of the appellant. Also heard Mr. M H Ahmed, learned counsel appearing on behalf of the respondents.

  6. The present appellant is the plaintiff in Title Suit No.01/ 2005 in the court of learned Civil Judge, (Junior Division), Barpeta. The respondents herein are the defendant Nos. 3(b), 3(c), 3(d), 3(e) and 3(f). The plaintiff/ appellant preferred the suit for declaration that he along with the defendants/ respondents are joint owners of A-Schedule land and for declaration of his right, title and interest over the B-Schedule land, grant partition thereof by

    RSA 100 of 2007

    ABDUL SATTAR

    S/O LATE FAYEZUDDIN, R/O VILL. BANIARAPARA,

    MOUZA-GHILAZARI, PS/DIST. BARPETA, ASSAM.

    - Appellants/ plaintiffs

    - Respondent/ Defendants

    separate possession. The plaintiff/ appellants case is that the A-Schedule land originally belonged to Faizuddin Sikdar and Abdul Kuddus Khan. The share of Abdul Kuddus Khan was 5B 1K 11Ls only in patta No.49 of village Baniarapara. Lt. Foyezuddin had five sons namely, Akkas Ali, Nibbesh Ali, Arfan Ali, Abdus Sattar and Nazimuddin and three daughters namely, Atakjan Nessa, Golapjan Nessa and Hamela Khatun along with wife, Alekjan Nessa. Arfan Ali died unmarried and his share has been inherited by his brothers and sisters. One of the pattadar Abdul Kuddus died living two sons namely Zamia Khan, Omar Khan and two daughters namely, Kadbhanu Nessa and Josna Bhanu Nessa along with a widow Zamina Nessa. The defendant Nos. 7,8,9,10 are the purchasers of land. The defendant Nos. 1, 2 and 3 are the sons of Lt. Foyezuddin i.e. the brother of the present plaintiff/ appellant. The said brothers are in possession of their respective shares. The wife of Lt. Foyezuddin is entitled to 1/ 8 share of the property left by Lt. Foyezuddin out of the total land left behind by him measuring 24 B 4K 5L. The wife of Lt. Foyezuddin was entitled to 3B 0K 10 1/ 8 L’s of land. The remaining 21B 3K 14 1/ 8 L’s of land are to be distributed among the sons and daughters of Lt. Foyezuddin. The plaintiff being the son of Lt. Foyezuddin is entitled for 3B 4K 15 4/ 11 L’s of land. The wife of Lt. Foyezuddin i.e. the mother of the present plaintiff/ appellant Alakjen Nesa died living three sons and three daughters and out of her share the plaintiff/ appellant is entitled for another 2K 8L’s of land. The A-Schedule land is in joint possession of the plaintiff/ appellant and the defendants/ respondents. The defendants/ respondents are transferring the paternal property to 3rd parties so in order to protect his share, the plaintiff has filed his suit for declaration and for partition. Out of the total 11 numbers...

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