TMI Blog2011 (2) TMI 1454X X X X Extracts X X X X X X X X Extracts X X X X ..... easuring OB-2K-10L situated at Sorbhog town under Domoka Saka Bousi Mouza. 2. The suit was dismissed by learned Munsif, Barpeta (hereinafter described as the trial Court ) on the ground that the plaintiff had not produced any document to prove his title and the entries made in revenue records were not sufficient for declaring him as owner of the suit property. During the pendency of the appeal, the plaintiff and the defendant died and their legal representatives were brought on record. After analysing the pleadings and the documents produced by the parties, the lower appellate Court held that the plaintiff-respondents have been able to prove their title. The lower appellate Court noted that as per the certified copy of Jamabandi Exhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his new patta No.329 relates to suit dag Nos.1310 and 1311 as apparent from Ext.1. Basanta Kumar Choudhury (D.W.3) is the son of said Rati Kanta Choudhury since then. In his evidence in examination-in-chief, he attempted to show that the suit land along with some other land was sold to the defendants in the year 1957/1958 by their brothers Ramesh Choudhury, Chandra Kumar Choudhury and Hiranya Kr. Choudhury. In his cross-examination he has however, pleaded his ignorance whether his two other brothers Chandra Kumar Choudhury and Deb Kumar Choudhury had sold the suit land to the plaintiff Balindra Narayan Adhikari. Then endorsement appearing in the Chitha Ext.gha shows that the suit land measuring 2 Kathas 10 lechas was mutated in the name of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d title on the suit land and the plaintiffs are not expected to prove their title on the suit land by producing or proving any sale deed. The defendant Amiya Dutta examined herself as D W.1. She has also admitted in her evidence the fact of purchasing the same land which was in fact given to the plaintiff Balindra Narayan. Towards the close of her cross- examination, she clearly stated that the suit dag Nos.1310 and 1311 stand in the joint names of her husband and the plaintiff, Balindra Narayan. She further stated that this land was originally gifted to Balindra Narayan but they (the defendants) purchased it. Thus, the very evidence of D.W.1 lends support to the plaintiff's claim that they have title over the suit land. On the point of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... old to the plaintiff by two other owners and pattadars cannot be sold again to the defendants. The defendants might have purchased the lands of the suit lands of the suit dags excepting the suit land measuring 2 kathas 10 lechas The plaintiffs right over the suit land cannot be extinguished by the action of the defendants. The defendants illegally entered the suit land only on the strength of Ext.ka though they were not in possession of the same till they illegally entered thereto. Thus, taking into consideration of the entire evidence on record both oral and documentary, I find that the plaintiffs have right, title and interest over the suit land and the defendants purchased the suit dags and possessed the same excepting the suit land..... ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nored the same and gave undue weightage to the entries in the revenue records and declared the predecessor of the respondents to be rightful owner of the suit property. Shri Bhattacharya argued that even though the question framed by the High Court at the time of the admission of the second appeal may not be a substantial question of law within the meaning of Section 100(1) CPC, the learned Single Judge should have framed the question of law relating to title of property and allowed the second appeal. 4. We have considered the submission of the learned counsel and carefully gone through the record. In our view, the finding recorded by the lower appellate Court on the question of title of the suit land was based on correct appreciation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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