UDAY NARAYAN JHA Vs. KUMEDESWAR MEDHI

JUDGEMENT

(1.) This second appeal has been filed against the judgment and decree dated 13-11-2000 passed by the learned Civil Judge (Senior Division), Goalpara in Title Appeal No. 39/1999 setting aside the judgment and decree dated 23-8-1999 passed by the Civil Judge (Senior Division) No. 1, Goalpara in Title Suit No. 12/1997.

(2.) The facts of the case may, in brief, be set out as follows :

(3.) The respondents were the plaintiffs where as the appellant was the defendant. The plaintiff instituted Title Suit No. 12/1997 seeking a decree that the plaintiff is the owner of the suit land and also for declaration of possession of the plaintiff over the suit land by evicting the defendants therefrom. Land measuring 22 ft. 15 ft. situated at Tilapara-Goalpara and covered by Dag No. 85 (Old)/ llO(New) belong to the plaintiff Sri Sri Shyam Sundar Hati Dewalaya and managed by the shebaits of the Dewalaya. According to the plaintiff, the defendant took permission from the plaintiff through its shebaits for entering into some portion of the suit land. Such permission was granted in the year 1990 on condition that the defendant would vacate the suit land whenever it was required by the shebaits. On 30-1-1997 plaintiff served notice on the defendant to vacate possession of the suit land but the same was declined by the defendant. At this stage, the respondents filed the suit.