GANESH PAYENG Vs. KULA PAYENG

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel for the appellant. Also heard Mr. P.K. Ghosh, learned counsel for the respondents.

(2.) The appellant plaintiffs instituted Title Suit No.13/1998 in the Court of Civil Judge, Senior Division, North Lakhimpur inter alia praying for declaration of their right, title and interest over the suit land as well as for delivery of khas possession of the suit land to the plaintiffs after evicting the defendants therefrom by demolishing the structures of the defendants over the suit land. In paragraph-8 of the plaint it had been pleaded as follows:-

(3.) We have taken note of that there is no clear stand taken by the defendants to deny the stand of the plaintiffs in paragraph-8 that they were dispossessed from the suit land on 01.05.87. The defendants makes a general denial that they deny that they had ever dispossessed from the suit land. In their deposition in chief PW-1 being the plainitiff No.1 deposed that on 01.05.1987 the party of Kulo Payeng i.e. the defendant No.1 had dispossessed them from 40 bighas 3 kathas 13 lechas of the scheduled land. In cross examination by the defendants, PW-1 reiterates that on 01.05.87 the plaintiffs were unable to enter the suit land as because the defendants had prevented them from doing so.