SHRI MOHAN CHANDRA BORA AND OTHERS Vs. ON THE DEATH OF APPELLANT NO. 1 MAHENDRA NATH DUTTA, HIS HEIRS SMTI SUMALA DUTTA & OTHERS

JUDGEMENT

(1.) This appeal is by the defendants against the judgment of reversal.

(2.) According to the plaintiff he is the sole owner of the land covered by dag No. 1814 and 2308 of the periodic patta No. 1719 of Nagar Mahal Mouza in Sibsagar town. In the plaint two schedules have been given, namely, Schedules-'A' and 'B'. The defendants have their own land contiguous to the suit land. It is alleged that the defendants 1, 2 and 3 encroached the land of the plaintiff in Dag No. 2306 by raising a thatched house which was replaced by C.I. Sheets subsequently and in Dag No. 1814, the defendants constructed three service latrines without the knowledge and consent of the plaintiff. On 16.1.67, the plaintiff got his land surveyed and detected that the defendants trespassed into his land. Hence, the present suit praying for a decree of declaration of right, title and interest of the plaintiff over the suit land and for removal of the structures on the said land. A Joint written statement has been filed on behalf of all the defendants except the defendant No. 7. It has been pleaded that the defendants No. 1, 2 and 3 are in undisturbed peaceful possession of the land of Dag No. 2306 and a part of dag No. 1314 with their latrines thereon and other defendants are also in possession of dag No. 1814 with their latrines thereon openly and adversely for more than 12 years against the plaintiff and thus their possession has become adverse. It has also been pleaded that the description of the land in the Schedules to the plaint is vague and that the suit is barred by limitation.

(3.) Learned trial court framed as many as nine issues and by judgment dated 3.9.76 decreed the suit. However, the learned lower appellate court remanded the suit mainly on the ground that the judgment is based on two reports of the Survey Commissioner. According to the learned lower appellate court, the trial court ought to have relied on the subsequent report. Thereafter, the learned trial court dismissed the suit which was reserved by the learned lower appellate court and accordingly, the suit was decreed.