KOPULI JUTIA AND OTHERS Vs. DIBAKAR DAS

JUDGEMENT

(1.) The defendants are the appellants against a confirming judgment.

(2.) The plaintiff-respondent instituted the suit for permanent injunction. The case of the plaintiff was that he purchased the suit land from one Karunakar Das by means of a registered sale deed dated 26.88 for a consideration of Rs. 5000/-. He is in possession of the same. The defendants, who have no semblance of right, title and interest over the same, created disturbances.

(3.) Defendant No. 1 filed the written statement denying the assertions made in the plaint. The case of the defendant is that the suit house is the ancestral joint family property of him and his brothers. There was a partition between the co-sharers thirty years back. The house was allotted to him. K. Gouranga, a co-sharer was residing in another village. He was an opium addict. He was not in possession of the suit house. He executed a registered sale deed in favour of Karunakar Das without consideration. The sale deed is void and not acted upon. Defendant No. 1 is in possession of the suit house. It was further pleaded that the suit house situates over a piece of Government land. The land has been classified as "Patita Gramakantha" in the Sarbasadharan Khata. Government is the paramount owner of the land. Defendants 2 and 3 supported the case of defendant No. 1.