TANU RAM BORA Vs. PROMOD CH. DAS

JUDGEMENT

(1.) Leave granted.

(2.) Feeling aggrieved and dissatisfied by the impugned judgment and order dated 17.07.2015 passed by the High Court at Guwahati in R.S.A. No. 173/2003, by which the High Court has dismissed the said appeal preferred by the appellant herein/plaintiff and has confirmed the judgment and decree passed by the learned trial Court dismissing the suit, confirmed by the first appellate Court, the original plaintiff has preferred the present appeal.

(3.) The facts leading to the present appeal in nut and shell are as under: 3.1 That the appellant herein/original plaintiff (hereinafter referred to as the 'original plaintiff) purchased the suit land by a registered sale deed dated 06.01.1990 from Late Pranab Kumar Bora, husband of original defendant no. 2 and father of original defendant nos. 3 to 8. It appears that the suit land was declared as ceiling surplus land in the year 1988 and consequently the same was acquired by the Government. However, subsequently on 14.09.1990, the suit land was again declared ceiling free land. That thereafter, the original plaintiff mutated the land in his name vide order dated 18.12.1991 in Mutation Case No. 94/91-92, and accordingly the name of the original plaintiff was recorded in the Sadar Jamabandi. It appears that the original defendant no. 1, an Ex-Police Officer. illegally entered into the suit land on 09.04.1995. Therefore, the original plaintiff immediately filed a suit in the Court of learned Civil Judge, Junior division, which was numbered as Title Suit No. 230/1995, praying for giving possession of the suit land by evicting defendant no. 1. The original plaintiff also prayed for a decree of declaration, declaring that he has a right, title and interest over the suit land. The original plaintiff also prayed for permanent injunction. That the said suit was filed in the month of July, 1995. 3.2 That the learned trial Court decreed the suit by its judgment and decree dated 28.08.1998 specifically holding that the original plaintiff purchased the suit land by valid document and has got right, title and interest over the suit land.