SILCHAR MUNICIPAL BOARD Vs. SUBHASIS SEN

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dated 12/4/1999 passed by the Civil Judge (Sr. Division) No.1, Cachar at Silchar in Title Suit No. 15/1980. By the aforesaid judgment the learned Judge decreed the suit. It may be stated herein that earlier the suit was dismissed by the Assistant District Judge No.1 by judgment dated 9.12.88 holding that there was no cause of action and the suit is premature. Against that judgment and decree, a first appeal being First Appeal No. 34/89 was filed before this Court and this Court on 6.11.95 set aside the finding on issue No.1 and remanded the matter to the trial Court for fresh disposal. Thereafter the present judgment in appeal was passed. The issue No.1 which was decided earlier by the trial Court reads as follows : Is there any cause of action for the suit?

(2.) The suit was filed by as many as 17 plaintiffs against the Silchar Municipality, the present appellant. The suit was for declaration of right, title and interest of the plaintiffs in respect of the land described in the schedule known as Narsingtola Tank and further declaration that the registered agreement between the plaintiffs' predecessor-in-interest and the defendant is inoperative, stale, ineffective and void and has been cancelled and for further declaration that it has been cancelled and the defendant has no right or authority further to continue control, possession and management of the same. There was also a prayer for recovery of possession by removing the defendant and any person claiming under them and for restoration of the same to its original position. There was also a prayer for compensation.

(3.) The facts as stated in the plaint are as follows :