CHANDRA KUMAR SINGHA Vs. ARUN KUMAR SINGH

JUDGEMENT

(1.) THIS appeal is preferred against the judgment & decree dated 24.12.2012 passed by the learned Civil Judge (Sr. Division No.1) Cachar, Silchar, in Title Appeal No.11 of 2002 affirming the judgment and decree dated 24.12.2001 passed in Title Suit No.19 of 1997.

(2.) HEARD Mr. M. Singha, learned counsel assisted by Mrs. G. Singha, for the appellant/defendant. None appeared on behalf of the respondent/plaintiff.

(3.) FURTHER plaintiff being posted in Cachar District used to visit the suit land. In the month of September, 1998, he was transferred and had to go out of the State. He kept most of his furnitures, building materials etc. in the house on the suit land. As the defendant/appellant Chandra Kumar Singha was residing near the suit land, plaintiff requested him to take care of the house on suit land and the materials thereon. In the month of October, 1994, plaintiff came to the suit land and found that the defendant Chandra Kumar Singha had unauthorizedly erected 3/4 kucha houses on the said land. On being asked defendant promised to vacate the land by removing the houses constructed by him. Plaintiff came to the suit land in August, 1995. Although, defendant sought for time to vacate the land he did not, rather he obstructed plaintiff's wife from digging the pond. There was a meeting convened in the village wherein defendant agreed that either he shall pay Rs. 50,00/ - consideration for the land or he shall vacate the land within 3 months but he failed to do so, plaintiff instituted the suit for declar-ation of his right of occupancy, for eviction of defendant No.1 and also for permanent injunction.