LAWS(TRIP)-2020-1-38

SENIOR MANAGER, JAGANNATHPUR TEA ESTATE Vs. PARENDRA MALAKAR

Decided On January 16, 2020
Senior Manager, Jagannathpur Tea Estate Appellant
V/S
Parendra Malakar Respondents

JUDGEMENT

(1.) This appeal is filed by the original defendant to challenge the judgment and decree dated 29.04.2016 passed by the learned Civil Judge, Sr. Division, Kailashahar, Unakoti Judicial District in Title Suit No.30/2015 as confirmed by the lower appellate Court by a judgment dated 19.08.2016.

(2.) Brief facts are as under:

(3.) In the plaint they have also averred that the land was allotted to the plaintiffs on impartible tenure. No permission to transfer the land was obtained from any authority. The plaintiffs, therefore, prayed for a declaration that the plaintiffs are in constructive possession on the suit land and the order may be passed recovering the actual possession of the land from the defendant. They also prayed for means profit.