BHRIGU MAJHI Vs. SRIKANTA BORDOLOI

JUDGEMENT

(1.) Heard Mr. BD Deka, learned counsel for the appellants. Also heard Mr. AC Sarma, learned counsel for the respondent.

(2.) The respondent/plaintiff instituted T.S No.9/2001 in the Court of the learned Civil Judge (Sr.Div), Morigaon claiming for right, title and interest over the schedule A land and further for declaring that the registered gift deed No.843 dated 20.07.2001 is null and void as per the provisions of Section 52 of the Transfer of Property Act with a further decree for delivery of khas possession as well as for permanent injunction restraining the principal defendant from creating any disturbance to the plaintiff from possessing the suit land. The suit land is a plot of land measuring 1 katha 15 lechas out of 1 bigha, 3kathas and 12 lechas as mentioned in the registered sale deed No.30 dated 04.01.1989 and which is a part of 0 bigha, 1katha and 15 lechas of land mentioned in schedule 'Gha' of a decree passed in T.S No.52/92 in the Court of learned District Judge, Morigaon.

(3.) In paragraph 3 of the plaint it has been stated that the principal defendant No.1, who was in possession of 1 katha 15 lechas of the suit land sold 1katha 10 lechas therefrom by executing a registered sale deed No.30 dated 04.01.1989 for a consideration of Rs.49,000/- and delivered possession thereof to the plaintiff while he was in possession of the suit land. The plaintiff also applied for mutation and on 20.06.1992 obtained permission from Morigaon Town Committee for construction of a permanent dwelling house.