CHANDAN KUMAR MALAKAR Vs. MILAN TALUKDAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated January 20, 1998 passed in Title Appeal No. 56 of 1994 affirming the judgment and decree dated July 28, 1993 passed in Title Suit No. 44 of 1991.

(2.) PLAINTIFFS case in brief was that the suit land was vested to the suit. Plaintiffs were cultivating the said land. They were in possession. The suit lands were settled to them by the state granting patta vide Nos. 8, 9 and 10, Case No. 58/RS/G -II 86 -87 dated 2 -2 -1987. They paid rent to the State. Plaintiff No. 1 filed number of cases against defendant No. 1 and others as they were disturbing the plaintiffs' possession in the suit property. The defendant threatened the plaintiffs to take forcible possession of the suit property. So the suit was filed.

(3.) LEARNED Trial Court dismissed the suit and the same was affirmed by the first Appellate Court. In the aforesaid background this is the second appeal before this Court.