HEMODHAR KONWAR Vs. MUSTT GONESWARI DUTTA & OTHERS

JUDGEMENT

(1.) (Oral) - This is defendants' appeal against the judgment and decree dated 26.2.1980 passed by the learned Assistant District Judge, North Lakhimpur where by the defendants' appeal against the judgment and decree dated 31.8.1978 of the learned trial Court was dismissed.

(2.) The plaintiff respondent had filed the suit for declaration of her right to the land in suit described in the schedule annexed with the plaint and for recovery of its khas possession, on the allegations, that the land in suit in area 4 bighas 18 lechas, with other lands originally belonged to her father late Beh Ram Koch, who because of his old age had been living with the plaintiff. The plaintiff had been in possession of the land of her father who had relinquished its possession. After the death of her father the plaintiff had obtained conversion of the annual patta of the land to periodic patta and her name was mutated by order dated 1.10.74. The plaintiff's name was also recorded in the chitha register as periodic patta holder of the land. The plaintiff's name was erased and the name of the defendant was entered against the land in suit. The plaintiff filed objection against interpolation to which the defendant also filed objection wherein he stated that he had purchased the land in suit from her father and had been in possession of the land. The revenue authorities made some enquiries and the matter was pending. The defendant however, took forcible possession of the land in suit. Hence, the suit was filed.

(3.) The defendant contested the suit and inter alia pleaded that he had purchased the land in suit from the plaintiffs' father in 1969 and since then had been in possession. His name had been mutated in the records and since the matter was pending before the revenue authorities, the Court should not grant the relief prayed. Necessary parties had not been impleaded. The suit was liable to be dismissed.