HEMO DEKA Vs. PRANAB KUMAR BHAGWATI

JUDGEMENT

(1.) This is a defendant's second appeal against the judgment and decree dated 4.3.96 passed by the learned District Judge, Tinsukia in Title Appeal No. 5 of 1994.

(2.) The brief facts of the case may be noticed as hereunder:

(3.) The respondent in the present appeal as plaintiff instituted a suit being Title Suit No. 46 of 1996 in the Court of the learned Assistant District Judge (now Civil Judge, Senior Division) Tinsukia praying for a decree for recovery of possession of the suit land and for permanent injunction restraining the defendants from entering into the land. The case as pleaded by the plaintiff is that he was the lawful occupier of a plot of land measuring 30' x 40' as described in the schedule to the plaint in front of the printing press owned by him all Station Road, Margherita. Such possession of the suit land was obtained by the plaintiff on the basis of permission given by the authorities of N.F. Railways on 23.11.79. According to the plaintiff, his farther had constructed a Siva Temple on the land adjacent to the suit land in the year 1979. After the death of his father, the plaintiff took possession of the temple for the purpose of managing it. The plaintiff had alleged in the plaint that on 12.8.85 the defendants encroached upon the suit land, assaulted him and dispossessed him for which after filing a criminal complaint before the police, he instituted the suit for the reliefs earlier stated. The suit in question, it may be noticed, was filed on 4.6.86.