NOMAL CHANDRA GOGOI Vs. SONMAI SAIKIA

JUDGEMENT

(1.) This revision against the depicts/reflects the pitiable condition of a decree-holder in India. It was stated long back by the Privy. Council that the misery of a litigant in India starts after obtaining a decree, that is, what has happened in the present case. Certain brief facts are necessary to he stated.

(2.) Title Suit No. 19 of 1979 was instituted on 26.4.79 by the present petitioner as plaintiff before the learned Munsiff No. 2 at North Lakhimpur alleging that the opposite party No. 2 (in this revision, the defendant No. 1 in the suit) forcibly and illegally trespassed into a small portion of land, that is, 1 katha-1 lecha covered by Dag No. 606 of Annual Patta No. 89 at Part-IV of North Lakhimpur town. Accordingly the suit was filed for a decree to recover possession of that portion of the land by evicting the opposite-party No. 2. It may be stated herein that the O.P. No. 2 is the husband of opposite party No. 1.

(3.) The main defendant in the earlier title suit filed written statement alleging that he is the owner and accordingly possessing the disputed land. The suit was dismissed on 12.11.84. There was an appeal by the present petitioner before the learned Assistant District Judge, North Lakhimpur. After hearing both the parties, the learned Assistant District Judge allowed the appeal and remanded the suit for fresh disposal with a direction to ascertain the identity of the suit land by appointing a Survey Commissioner. The learned Munsiff appointed the Survey Commissioner who after causing survey with due notices to both the parties submitted the survey report which was on hearing both the parties, accepted by the learned Munsiff vide its order dated 21.8.89.