AMIYA BALA DUTTA Vs. MUKUT ADHIKARI

JUDGEMENT

(1.) This appeal is directed against judgment dated 14.7.1998 of the learned Single Judge of the Gauhati High Court whereby he dismissed the second appeal filed by the Appellants against the judgment and decree passed by the Assistant District Judge, Barpeta (hereinafter referred to as "the lower appellate Court") in a suit filed by Balindra Narayan Adhikari (predecessor of the Respondents) for declaration and recovery of possession of the suit property i.e., land measuring 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.

(3.) 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 Exhibit 1, Patta No. 329 containing dag Nos. 1310 and 1311 stood in the joint names of Balindra Narayan Adhikari (original Plaintiff) and Manomohan Dutta (original Defendant); that as per the endorsement in the remarks column of Exhibit Gha, the name of Balindra Narayan Adhikari was mutated in respect of the suit land measuring 2 kathas 10 lechas covered by new dag Nos. 1310 and 1311 along with Chandra Kumar Choudhury and Deb Kumar Chowdhury by right of purchase in terms of A.S.O.'s order dated 6.12.1962. The lower appellate Court then proceeded to observe: