ABDUL MUHIT BARBHUIYA Vs. DUKAR KHASIA

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel appearing on behalf of the petitioners. None has appeared on behalf of the respondents in-spite of service of notice.

(2.) This is an application under Sec. 115 of the Civil Procedure Code (CPC) challenging the judgement and decree dtd. 26/6/2019 passed by the learned Munsiff No.1, Hailakandi in Title Suit No. 73/2010. The brief facts of the instant case is that the respondents herein, as plaintiffs, had instituted a suit under Sec. 6 of the Specific Relief Act, 1963, for restoration of possession of the plaintiff over the suit land. It is the case of the plaintiffs in the suit that on 25/6/2010 at about 10 a.m., the defendants trespassed upon the suit land and threatened the plaintiff of dire consequences unless the plaintiff leaves the suit land and consequently, the plaintiff was compelled to leave the suit land. The plaintiff has also filed an FIR before the Algapore Police Station, which was registered and numbered as Algapore PS Case No. 197/2010, corresponding to GR Case No. 933/2010. It is on the basis of the said cause of action, the suit was filed on 11/8/2010.

(3.) Pursuant to the said suit being filed, the petitioners herein as defendants filed a joint written statement wherein it was denied that on 25/6/2010, the defendants trespassed into the suit land and threatened the plaintiff. It was the specific case of the defendants in their written statement that 50 years back, the land was non-agricultural one and the father of the defendants was in possession of the suit land by using the suit land for cultivation and dwelling houses. Thereafter, the grandfather of the defendants filed an application before the Assistant Settlement Officer, Hailakandi, for getting a certificate of suit land along with other land and also filed a petition for getting the names of the defendants recorded as tenants and the defendants and the grandfather of the defendants acquired right , interest and possession over the suit land since long back.