SEWALI SAIKIA Vs. DIPTI RANI BORA

JUDGEMENT

(1.) HEARD Mr. P. Kalita, learned counsel for the appellants (defendants) and also heard Mr. C.K. Sarma Baruah, learned senior counsel appearing for the respondents (plaintiffs).

(2.) THIS is defendants' second appeal preferred under Order 41 Rule 1 read with Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 06.07.2001 passed by the learned Civil Judge (Senior Division), Nagaon, in Title Appeal No. 6 of 1999 dismissing the appeal and affirming the judgment and decree dated 03.02.1999 passed in Title Suit No. 64 of 1995.

(3.) THE Principal-defendant No. 1 (present appellant No. 1) Smti. Sewali Saikia got married with defendant No. 2 (present appellant No. 2) without the consent of their family and after their marriage they used to reside in a rented house. Out of love and affection, late Jonaram Bora allowed the defendant Nos.1 and 2 to stay in the houses over the suit land in the year 1990 with a condition that they would vacate the house as and when asked by him. THE Principal defendant also accepted the proposal and started living therein as licensee. THE plaintiff claimed that he is the only son of Late Jonaram Bora and in the early part of 1992, late Janaram Bora asked the defendants to vacate the suit house but the principal-defendant on various pretext avoided the said demand and finally on 01.05.1992, refused to vacate the house of the plea that they proposed to purchase the land and the house and paid a part of the consideration money to late Jonaram Bora. THE defendants initiated proceeding against the plaintiff and late Jonaram Bora, which was registered as M.R. Case No. 139 of 1992 under Section 145 CrPC.