NEPAL DAS Vs. ADHITI DEORI

JUDGEMENT

(1.) The opposite party herein, as Plaintiffs, instituted Title Suit Page void and that the boundary given in the registered sale deed No. 713 is incorrect and the same is not in respect of the land of Schedule-B and that the decree, obtained, in Title Suit No. 12/2003, by the principal Defendant Nos. 1 and 2, is a decree obtained by fraud and the same is not binding in respect of one bigha of the land of Schedule B to the plaint, the case of the Plaintiffs-opposite party herein being as under:

(2.) The Defendant Nos. 1 and 2 filed a joint written statement, their case being that of denial, the denial being to the effect that the Plaintiffs are not legal heirs of late Bangshi Dhar Deori and that the Plaintiffs are not entitled to claim any right over the suit land by way of inheritance or by way of succession, the Defendant Nos. 1 and 2 are bona fide purchasers by virtue of the said two sale deeds, namely, sale deed No. 713, dated 30.09.2009, and sale deed No. 720, dated 09.10.2000. Their names stand mutated on 20.12.2000 in respect of the said land and the land records have also been accordingly corrected on 12.06.2001 and as far as the proforma Defendant Nos. 1 to 7 are concerned, they have filed an appeal being Title Appeal No. 01/2007, which is pending before the Civil Judge, Morigaon, arising out of the suit land wherein they have claimed that they purchased the entire suit land from Bangshi Dhar Deori, who also delivered possession of the land to them.

(3.) In course of time, issues were framed, documents were filed, the Plaintiffs' witnesses were examined and their evidence was closed. When the suit was pending for recording of evidence to be adduced by the Defendants, the Petitioners herein, as Defendants, filed, on 03.04.2010, a petition, in the suit, which gave rise to Petition No. 249/2010, stating to the effect, inter alia, that on 06.11.2009, the Defendants had filed a petition, which had given rise to Petition No. 1119/2009, wherein it had been mentioned by them that some documents, relevant to the suit, were lying in the records of Title Execution Case No. 01/2002 in the Court of Civil Judge, Morigaon, and that those documents could not, therefore, be submitted in the present suit. It was also pointed out by the Defendants, as Petitioners, in their subsequent Petition No. 249/2010 aforementioned, that in their earlier petition (which had given rise to Petition No. 1110/2009), they had, however, not mentioned as to what the relevant documents were. In their subsequent petition (which the Defendants herein filed on 03.04.2010 and which had given rise to Petition No. 249/2010 aforementioned), the Defendants mentioned as many as six documents as the documents, which they wanted to produce in the Court, these documents being (1) a registered sale deed No. 713, dated 30.09.2000, (2) a registered sale deed No. 720, dated 09.10.2000, (3) Jamabandi copy of village Karchoabari, Mouza Monaha, PP No. 111, Dag No. 213, (4) School (transfer) Certificate issued by Head Master of Konwar Gaon Primary School on behalf of Smti Aditi Deori (Photostat), (5) School (transfer) Certificate issued by Head Master of Konwar Gaon Primary School on behalf of Smti Padma Deori (Photostat) and (6) A certificate issued by Sri Amiya Bordoloi, Gaonburha of Barukata Gaon, 3 No. Lat. Mouza Monaha on behalf of Smti Aditi Deori, Smti Padma Deori, Smti Renu Deori.