GOBINDA CH DAS Vs. BOLORAM BORO

JUDGEMENT

(1.) This appeal has been filed against the Judgment and Order dated 27.7.94 passed by the Assistant District Judge, Barpeta in Title Appeal No. 26 of 1993. By the judgment he affirmed the earlier judgment and decree dated 16.10.93 passed by the Munsiff No. 2, Barpeta in Title Suit No. 25 of 1992. The learned Munsiffdismissed the suit. Hence this Second Appeal.

(2.) The following are the substantial question of law:-

(3.) The brief facts are as follows:- The suit land falls within the Tribal Belt and the plaintiff is a permanent resident of the locality, even before constitution of the Tribal Belt. He purchased the suit land from one Majhi Ram Boro, the predecessor-in-interest of (the defendants by a registered sale deed dated 6.3.68 for a consideration of Rupees four thousand and obtained khas possession of the land. The plaintiff knew at the time of purchase that the suit land was annual patta land. The plaintiff was in occupation of the land purchased by him. But the vendor Majhi Ram Boro got the patta converted into periodic sometime in 1984 in his own name. Thereafter, Majhi Ram Boro died and the defendants, the heirs of Majhi Ram Boro threatened the plaintiff to dispossess from the suift land. Hence the suit was filed for declaration of title, confirmation of possession.