DIPAK SARMA Vs. DEATH SATYENDRA PRASAD DEKA

JUDGEMENT

(1.) The powers conferred by Section 100 of the Code of Civil Procedure have been sought to be invoked by preferring the present appeal whereby the appellant has put to challenge a judgment and decree dated 26.09.2008, passed in Title Appeal No.111/2006 by the learned District Judge, Kamrup affirming the judgment and decree dated 08.12.2005, passed by the learned Civil Judge (Sr. Division) No. 3, Kamrup in Title Suit No. 295/2002. The plaintiff is the appellant in the instant case.

(2.) Before proceeding in the matter, it would be convenient to narrate a brief background of the facts of the case.

(3.) The plaintiff-appellant had instituted the suit for declaration of right, title and interest and for permanent injunction in respect of the suit land measuring 1 katha 2 lechas covered by Dag No.198/46 of No.2 Patta, Village-Noonmati, FS Grant, under Mouza-Ulubari in the district of Kamrup which has been described with boundaries in the schedule of the plaint. The pleaded case is that the plaintiff had purchased a plot of land measuring 2 kathas 10 lechas covered by the aforesaid Dag and Patta vide registered Sale Deed No.6469/2000 dated 06.09.2000 whereon the plaintiff had his dwelling house. It has been averred that the plaintiff had purchased another plot of land measuring 1 katha 2 lechas covered by the aforesaid dag and patta (suit land) vide a registered Sale Deed No.4679/2002, dated 15.07.2002. Ever since the said purchase, the plaintiff claims to have been in occupation over the land in addition to the earlier land purchased in September, 2000.