LAKHAN CHANDRA ROY Vs. BIJAN DAS

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 21.11.94 and 28.11.94 passed respectively in Title Suit No. 27/93 by the learned Assistant District Judge, Nagaon partly decreeing the suit in so far as the title of the plaintiff over the suit property is concerned. The prayer for eviction of the defendants was, however, rejected on the ground that they cannot be evicted for non service of prior notice.

(2.) Being dissatisfied with the aforesaid judgment and decree the plaintiffs have preferred this appeal on various grounds incorporated in the memorandum Sri N. Chakraborty, learned counsel for the appellants argued that the learned Trial Judge declared the title of the plaintiffs over the suit premises, but erroneously rejected the prayer of the plaintiffs for a decree for eviction of the defendants on the ground that no prior notice was served. The defence case in the written statement is that they have been in possession of the suit premises for thirtyeight years on the strength of an oral gift by the mother of the plaintiffs.

(3.) It would appear from the pleadings on record that the title of the predecessor-in- interest of the plaintiffs over the suit premises is not in dispute. That the suit land originally belonged to the father of the plaintiffs is not disputed. After the death of the plaintiff's father, the plaintiffs and their mother became the owner of the suit property. At that time the plaintiff No. 1 was minor and his mother had to invite the defendant No. 3 to come to their place and take care of the property. Since then the defendant No. 3 along with others have been residing there as tenant at will.