VENETTA KHARSYNTIEW Vs. TUSHAR NATH BHATTACHARJEE

JUDGEMENT

(1.) This revision filed under Rule 36-A of Administration of Justice and Police (in Khasi and Jaintia Hills) Rules, 1937, is directed against judgment and order dated 6-5-2013 passed by District Judge, Shillong in Regular First Appeal (RFA) No. 1 (T) of 2012 whereby said court has allowed the appeal, and judgment and decree dated 10-2-2012 passed by Munsiff /Assistant to Deputy Commissioner, East Khasi Hills, Shillong in TS No. 10 (T) of 2004 (new No. 10 (T) / 2011), stood set aside.

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) Brief facts giving rise to this appeal are that (Late) Aghor Nath Bhattacharjee was predecessor in-title (father of the three plaintiffs) had acquired on 13-4-1967 a plot of land measuring 19,585 sqft numbered as plot No. 80 in patta (lease) No. 58 located in Lachumiere, Shillong, from the then Government of Assam (now Government of Meghalaya). He enjoyed said property (mentioned in Schedule -A) peacefully, till he, (Aghor Nath Bhattacharjee) died on 19-3-1984. It is pleaded in the plaint that after his death, the property devolved upon his heirs namely, Sabitri Bhattacharjee (Widow), Tushar Nath Bhattacharjee (Son,/plaintiff No.1), Binoy Nath Bhattacharjee (Son/since died), Smti Sujata Bezbaruah (Daughter/plaintiff No. 2) and Smti Sabita Goswami (Daughter/plaintiff No.3). Plaintiff No. 1, his mother and brother applied for mutation, and vide order dated 20-3-1991 passed by Extra Assistant Commissioner (Revenue), Shillong in mutation case No. 15 of 1991, their names were recorded. Smti. Sabitri Bhattacharjee, mother of the plaintiffs died in the year 1994 and Binoy Nath Bhattacharjee, brother of plaintiffs, who was bachelor died in the year 1998. The plaintiffs namely, Tushar Nath Bhattacharjee, and his sisters, Sujata Bezbaruah and Sabita Goswami instituted TS No. 10 (T) of 2004 on 7-4-2004 and it is pleaded by them that the defendant No.1, namely Smti Venetta Kharsyntiew and her husband, Shri SP Mahanta (defendant No.2) got forged sale deed dated 28-11-1991 purported to have been executed by plaintiff No.1, his brother, Binoy Nath Bhattacharjee and his mother, Sabitri Bhattacharjee, in respect of vacant piece of land measuring 5300 sqft out of 19,585 sqft, left behind by (Late) Aghor Nath Bhattacharjee. It is further alleged in the plaint that the defendants later forcibly dispossessed the plaintiffs and their mother and brother from 5300 sqft of the land, on which the plaintiffs filed TS No. 50 (T) / 1992 against defendants in the court of Assistant to Deputy Commissioner, East Khasi Hills, Shillong for declaration of their right, title and recovery of possession. However, said suit was ultimately dismissed. According to the plaintiffs thereafter, plaintiff No. 1 (Tushar Nath Bhattacharjee) went to Sydney (Australia), and he and his two sisters appointed one TS Bareh (since died) as their Attorney on 1-12-1992, to look after their property in Shillong. It is alleged by the plaintiffs that the defendants after occupying 5300 sqft under the garb of sale deed dated 28-11-1991 trespassed over the remaining 14,285 sqft land mentioned in Schedule-B of the plaint. With these pleadings, plaintiffs sought declaration of the title over the suit property. They also sought restoration of possession of the property mentioned in Schedule-B, i.e. 14,285 sqft out of 19,585 sqft. The plaintiffs further prayed for permanent injunction restraining the defendants from interfering in the peaceful possession of the plaintiffs over the property mentioned in Schedule-B.