CHANDRA MOHAN ROY Vs. PREMA NANDA ROY

JUDGEMENT

(1.) THE appellants herein are the defendants in Title Suit No.2 of 2008 on the file of the learned Munsiff No.1, Kokrajhar, whereby and whereunder, the learned trial Court dismissed the suit of the respondent/plaintiff by judgment and decree dated 21.05.2010. whereof an appeal was taken on the file of the learned Civil Judge, Kokrajhar being Title Appeal No.8 of 2010 by the plaintiff/respondent wherein the learned appellate court set aside the judgment and order dated 21.05.2010 passed by the learned trial court, thereby remanding the case vide order dated 23.12.2010 to the learned trial Court by framing an issue as to "whether the defendants/appellants have been enjoying the suit land by way of adverse possession", directing to dispose of the case afresh by properly adjudicating the issue is under challenge before this Court where the legality and validity of the judgment and decree dated 23.12.2010 passed in Title Appeal No. 8 of 2010 has been called in question.

(2.) HEARD Mr. G. Baishya, learned counsel appearing for the appellants. Also heard Mr. P.K. Roychoudhury, learned counsel appearing for the respondents.

(3.) THE defendants on receipt of the summons have contested the suit by filing their written statement contending inter alia that the suit is not maintainable, there is no cause of action, the suit is bad for non-joinder of necessary parties, the suit is barred by limitation, the suit is barred by estoppel, waiver and acquiescence, the suit is undervalued, etc., but the defendants have admitted the land originally belonged to Rani Manjula Devi whereof it is pleaded that the father of the defendant No.1 Debendra Roy adversely occupied the land measuring 2 (two) Bighas covered by Dag No. 91, Miadi Patta No.56 since 1948 continuously and openly and they are living there peacefully and after the death of their father the defendant No.1 alongwith his mother were possessing the said land. Though the original owner of the land Rani Manjula Devi sold 1 (one) Bigha of land to the plaintiff out of the abovementioned land, but could not deliver the possession of the land to the plaintiff. As a consequence thereof the plaintiff approached the President of Sree Sree Bishnu Debottar Unnayan Samity, Balagaon on 02.02.2004 with a request to recover the suit land from the possession of the appellants (defendants), which, however, was failed though a meeting was called on 03.02.2004 and the plaintiff did not get the possession of the suit land and the same is under the possession of the defendant, hence, prayed for dismissal of the suit, more so, when the boundary of the suit land as mentioned in the plaint is not correct and the plaintiff has got no right, title and interest over the schedule land as he never got delivery of possession