SMRITI DEBBARMA (DEAD) Vs. PRABHA RANJAN DEBBARMA

JUDGEMENT

(1.) On 19/6/1986, Smriti Debbarma, as an attorney and on behalf of Maharani Chandratara Devi, had filed Title Suit No. 66 of 1986, inter alia praying for declaration that Maharani Chandratara Devi is the owner of the property known as 'Khosh Mahal', described in Schedule 'A' to the original plaint, as under:

(2.) Post recording of the statement of witnesses, and the report of the Court Surveyor dtd. 20/1/1995, marked as Exhibit-I, the plaint was amended, and the land mentioned in Schedule 'A' was substituted and increased to 2 Kanis 8 Gandas 3 Karas and 8 1/2 Dhurs. Paragraphs 26(A) to 26(D) and paragraphs 27(A) to 27(C) to the plaint were added. The prayer clause was amended to include a direction to the Survey and Settlement authority to delete/expunge the record of rights standing in the name of defendant nos. 8 to 12 as void and inoperative. Prayer for direction to the Director of Settlement and Land Records to issue a record of rights in the name of the plaintiff for the Schedule 'A' property, and to confirm the possession of the plaintiff of the Schedule 'A' property was made.

(3.) Earlier, defendant nos. 8 to 12 were impleaded as defendants in the Title Suit vide order dtd. 15/9/1989. These defendants had purchased portions of land vide the sale deeds executed by the Managing Director of M/s. Hotel Khosh Mahal Limited. The sale deed in favour of the defendant no.8, marked as Exhibit-E, dtd. 17/7/1985, is prior to the institution of the suit in question, which was filed on 19/6/1986.