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Assam Schedule VII, Form No 132

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Assam Schedule VII, Form No 132 Assam Schedule VII, Form No 132 HIGH COURT FORM NO. (J) 2 HEADING OF JUDGMENT IN ORIGINAL SUIT/CASE District: Nagaon, Assam In the Original Court of the Munsiff, Hojai Present: SHRI. S. DUTTA, A.J.S. Friday, the 9th day of August, 2019. Title Suit No-07/2007 1. Musstt. Rukia Begum W/o. Md. Lutfur Rahaman D/o. Lt. Safiqur Rahman R/o. Laskar Pathar, Mouza- Lanka, Dist. Nagaon (presently Hojai), Assam. 2. Musstt. Asma Begum W/o. Md. Khairul Islam D/o. Lt. Safiqur Rahman R/o. Sadargaon, Mouja Namati, Dist. Nagaon (presently Hojai), Assam. ……………Plaintiffs Versus 1. Md. Nasir Uddin 2. Md. Amin Uddin Both S/o. Lt. Safiqur Rahman R/o. Uttar Nilbagan, Mouja Namati, Dist. Nagaon (presently Hojai), Assam. …………Principal Defendants 1 | P a g e 3. Md. Sarif Uddin S/o Lt. Safiqur Rahman R/o. Uttar Nilbagan, Mouja Namati, Dist. Nagaon (presently Hojai), Assam. 4. Musstt. Jaigun Nessa W/o. Md. Mayur Ali D/o. Late Safiqur Rahman R/o. Jamunasit, Mouja Lanka, Dist. Nagaon (presently Hojai), Assam. 5. Md. Abdul Sahid 6. Md. Abdul Mazid 7. Md. Suwa Uddin 8. Md. Abdul Rasid 9. Md. Samad Uddin 10.Md. Ahad Uddin All Sons of Lt. Rakib Ali R/o. Nilbagan, Mouja Namati, Dist. Nagaon (presently Hojai), Assam. 11.Musstt. Manuwara Begum D/o. Lt. Rakib Ali R/o. Shibpur, Mouja Kapashbari, Dist. Nagaon (presently Hojai), Assam. 12.Musstt. Minara Begum D/o. Lt. Rakib Ali R/o. Nilbagan, Mouja Namati, Dist. Nagaon (presently Hojai), Assam. 13.Musstt. Sargul Nessa 2 | P a g e W/o. Lt. Rakib Ali R/o. Nilbagan, Mouja Namati, Dist. Nagaon (presently Hojai), Assam. 14.Md. Tayab Ali 15.Musstt. Sunjan Bibi 16.Musstt. Sukiajan Bibi 17.Musstt. Raila Khatoon All sons & daughters of Lt. Wasir Ali R/o. Nilbagan, Mouja Namati Dist. Nagaon (presently Hojai), Assam. 18.Md. Rakman Ali 19.Musstt. Nur Khatoon Both son & daughter of Habib Ali 20.Md. Saifuddin S/o. Lt. Faizur Rahman R/o. Nilbagan, Mouja Namati Dist. Nagaon (presently Hojai), Assam. 21.Musstt. Ayarun Nessa D/o. Lt. Farmuz Ali R/o. Laskar Pathar, Mouja Lanka, Dist. Nagaon (presently Hojai), Assam .………Pro-forma Defendants This suit/case coming on for final hearing on 10/06/2019 in the presence of Sri S. R. Choudhury, Advocate for the Plaintiffs and Sri A. Kuddus, Advocate for the Defendants. And having stood for consideration to this day the Court delivered the following judgment: 3 | P a g e JUDGMENT 1. This is a suit filed by the plaintiffs for declaration of their right, title and interest and recovery of khas possession and permanent injunction. 2. Case of the plaintiffs: In brief, the case of the plaintiffs is that a plot of the land measuring 5 Bighas out of 36 Bighas 3 Kathas 10 Lessas covered by dag no. 50 P.P. No. 56 of Nilbagan Kissam under Namati Mouja in the district of Nagaon (presently Hojai), Assam, is the subject matter of the suit, more specifically described in the ‘Schedule’ to the plaint and hereinafter referred to as the ‘suit land’. Late Safiqur Rahman, Late Rakib Ali and the pro-forma defendant no. 15, 16, 17, 18 were the original joint pattadars and absolute owners of the land measuring 69 Bighas 19 Lessas covered by dag no. 50, 49, 48, 128, 126, 35 of P.P. No. 56, land measuring 3 Bighas 1 Lessas covered by dag no. 230, 231, 227 of P.P. No. 49 and land measuring 29 Bighas 2 Kathas 10 Lessas covered by dag no. 34, 127, 228, 229, 232, 233 and 234 of P.P. No. 134 of Nilbagan Kissam under Namati Mouja. Pattadar Lt. Safiqur Rahman got possession over 27 Bighas out of 101 Bighas 3 Kathas 12 Lessas covered by Dag No. 34, 127, 233 of P.P. No. 134, Dag No. 50, 126, 128, 129 of P.P. No. 56 and Dag No. 230, 231 of P.P. No. 49 after mutual partition between him and his brothers and enjoyed the land uninterrupted. In their lifetime, the pattadars of Patta No. 56, 49, 134 Lt. Rakib Ali, Lt. Safiqur Rahman and Tayab Ali, being three brothers mutually agreed to take care one sister each. Accordingly Lt. Safiqur Rahman took care of his sister Musstt. Sunajan Bibi offering 3 Bighas of land to her from the aforesaid Pattas as her share out of the 27 Bighas of land which he got after mutual partition of the entire land. Thereafter Lt. Safiqur Rahman retained only 24 Bighas of land as his share. After his 4 | P a g e death, his wife pro-forma defendant no. 5 inherited 1 Bigha 2 Kathas 10 Lessas, his three sons namely defendant no. 1, 2 and pro-forma defendant no. 3 inherited 15 Bighas and his three daughters i.e. the plaintiff no. 1 & 2 and pro-forma defendant no. 4 inherited 7 Bighas 2 Kathas 10 Lessas of land. Accordingly plaintiff no. 1 & 2 inherited in total 5 Bighas of the land. As the plaintiffs have to reside at the house of their husband, so they asked the defendant no. 1, 2 and the pro-forma defendant no. 13 several times to partition their respective shares of land but they refused to do so. On the Contrary, the defendant no. 1 & 2 executed a false and forged Kutcha Deed on 14.01.2005 attesting false signatures of the plaintiffs. Due to the above facts the right, title, interest and possession of the plaintiffs over the suit land has been clouded. Therefore, the plaintiffs have been compelled to file this suit for the declaration of their right, title and interest over the suit land and for the recovery of Khas possession in respect thereof by evicting the defendants and dismantling all the structures thereupon and for permanent injunction against the defendants. 3. Case of the defendants: The two principal defendants and their mother Lt. Kukila Khatoon who was impleaded as pro-forma defendant no. 5 in the suit filed their joint written statement contesting the suit. Subsequently, the name of the pro-forma defendant no. 5 was struck out due to her death vide order of the Court dtd. 07/06/2012 passed in the Misc (J) case no. 44/2012. The other defendants didn’t contest the suit. The contesting defendants stated that the plaintiff no. 1 & 2 are the sisters of defendant no. 1 & 2 and they are the daughters of Musstt. Kukila Khatoon. The plaintiff no. 1 has been married to one Md. Lutfur Rahman of Laskar Pathar and is residing there with her family members and she has sufficient means of livelihood. The plaintiff no. 2 is also married to one Md. Khairul 5 | P a g e Islam of Sadargaon and she is also well settled at her husband's house having enough source of livelihood. The father of the plaintiff no. 1 & 2 is Lt. Safiqur Rahman who died long ago leaving three sons namely defendant no. 1 Md. Nasir Uddin, defendant no. 2 Md. Amin Uddin and pro-forma defendant no. 3 Md. Sarif Uddin and three daughters namely plaintiff no. 1 Musstt. Rukia Begom, plaintiff no. 2 Musstt. Asma Begam and pro-forma defendant no. 4 Musstt. Jaigun Nessa and his widow namely Musstt. Kukila Khatoon. The rest of the pro-forma defendants are their own relatives. Lt. Safiqur Rahman died leaving behind some landed properties measuring about 14 Bighas 16 Lessas as his share out of total land measuring 101 Bighas comprised in the Periodic Patta nos. 49, 56, 134 covered by dag nos. 230, 231, 227, 34, 127, 228, 229, 232, 233, 234, 50, 49, 48, 128, 126 & 35. The original pattadar of above noted P.P. no. 49, 56 and 134 was one Lt. Wasir Ali and after his death the names of his legal heirs namely Rakib Ali, Safiqur Rahman, Md. Tayab Ali, Sunajan Bibi, Sokia Bibi, Raila Khatoon and Moimun Nessa were mutated as legal heirs. The total land in the P.P. No. 49, 56 & 134 covered by above mentioned dags is 101 Bighas 4 Kathas and 12 Lessas only. Out of aforesaid total land, a plot of land measuring 16 Bighas 2 Kathas, 10 Lessas had been sold by a registered deed to the legal heir of Late Hazi Habib Ali and out of the remaining land measuring 85 Bighas 1 Katha 2 Lessas, a plot of land measuring 2 Bighas was sold to Paschim Nilabagan Zame Maszid. A plot of land measuring 3 Bighas was acquired by the department of irrigation and another plot of land measuring 2 Bighas was taken by the water level. Thus the total land that remained will be divided as per share amongst the legal heir of deceased Lt. Wasir Ali as per Muslim Personal Law. As per Muslim Personal Law the three sons of Lt. Wasir Ali namely Rakib Ali, Safiqur Rahman, Taiab Ali will be owner and shareholder of land measuring 14 Bighas 16 Lessas each and accordingly the father of the plaintiffs Lt. Sofiqur Rahman 6 | P a g e became the shareholder of land measuring 14 Bighas 16 Lessas. In his life time, the father of the plaintiffs took a loan of Rs. 22,000/- for his Medical treatment and to repay the loan a plot of land measuring 1 Bigha was separated to meet the loan. The mother of the plaintiffs Musstt. Kukila Begam was also suffering from mental disease and for her treatment a plot of land measuring 2 Bighas was also separated in her name from the original Patta.
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