DEBA KANTA BHUYAN PETITIONER Vs. DILIP KUMAR RAY

JUDGEMENT

(1.) THIS appeal has arisen out of the judgment and decree dated 29.09.2000, passed by the learned Civil Judge (Senior Division) Morigaon, in Title Appeal No. 15 of 1999 affirming the judgment and decree dated 29.06.1996 passed by the learned Munsiff No.1, Marigaon in Title Suit No. 56 of 1993.

(2.) BY reason of the impugned judgments and decrees, the plaintiff's suit for right, title and interest and recovery of khas possession in terms of the prayer made in the plaint was decreed. The second appeal before this Court was admitted on the following substantial questions of law -

(3.) THE plaintiffs filed the suit praying for declaration of right, title and interest in respect of schedule "Ka" and khas possession in respect of Schedule- "Kha" to the plaint. Schedule-"Ka' measures 2 Kathas of land out of 3 Bigha 4 Kathas 14 Lechas covered by Dag No. 557 of Periodic Patta No. 290 of Nakhota grant in Gova Mouza in the erstwhile district of Nagaon. Recovery of Khas possession was also sought for by ejecting the defendants from Schedule- "Ka" which formed an area of land measuring 1 Katha out of Schedule- "Kha" land from where the plaintiffs were dispossessed. Confirmation of possession of the balance 1 Katha of land out of Schedule - "Ka" land, as described in Schedule- "Ga" was also prayed for. Consequently, reliefs in the form of permanent injunction restraining the defendants from causing any hindrance in respect of the plaintiff's possession also formed part of the prayers in the plaint. THE aforesaid suit was filed in the Court of the learned Munsiff, Morigaon, wherein the same was registered as Title Suit No.1 of 1987.