GAUHATI HIGH COURT ISSUES ORDER ON SMTI. ISHRAWATI DEVI AND ANR V/S OSMAN GANI MOLLAH AND 8 ORS

GUWAHATI, India, Jan. 8 -- Gauhati High Court issued the following order on Dec. 5:

1. 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 1/2 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 1/2 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 1/2 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. 12 to 21 in collusion with defendant No. 10 (Bhabatosh Das) and the revenue staff have mutated their names clandestinely in the draft chitha of Patta No. 259 pertaining to the original plot of land measuring 1 Bigha 4 Kathas 3 Lechas and based on such illegal mutation, the defendants No. 12 to 21 have executed multiple sale deeds in favour of defendants No. 1 to 9 respectively (the respondents of the instant case).

6. It is further contended that the defendants to the suit vide such illegal and invalid deeds, have also transferred the plaintiffs' share of land measuring 3 Kathas 9 1/2 Lechas as well, but the possession of the land was with the plaintiffs and the land could not be obtained by the defendants/respondents. The plaintiffs have alleged that the defendants No. 1 to 11 to the suit along with hired henchmen trespassed into the plaintiffs' land and forcefully occupied the suit land along with the structure standing thereon. This impelled the plaintiffs to bring up the suit for a decree of recovery of possession of their land described in Schedule-C (hereinafter referred to as the suit land) of the plaint by evicting the defendants therefrom.

7. The defendants appeared and contested the suit and the names of defendants No. 12 and 13 were later struck off. Through their joint written statement and counterclaim, the defendants have prayed for a decree declaring that

the Sale Deeds bearing No. 715/576 dated 11.5.2007,

and No. 1086/899 dated 24.07.2007 executed by Nirendra Chandra Das in favour of the plaintiffs to be void and inoperative ab initio and thus liable to be cancelled.

8. Refuting this counterclaim, the plaintiffs filed their written statement. The learned Civil Judge vide judgment and order dated 29.09.2016 in Title Suit No. 13/2007 decreed the suit in favour of the plaintiffs with costs and ordered for recovery of the suit land from the possession of the defendants.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpMTXCpc1s%2BlVb1cb%2BH3sCNkVVkp9dmrNCSSj6B%2BNz1pr&caseno=CRP(IO)/384/2023&cCode=1&cino=GAHC010270352023&state_code=6&appFlag=)

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