HAREKRISHNA DALAI Vs. SUSHILA DAS

JUDGEMENT

(1.) THIS appeal by the plaintiffs are directed against the judgment and decree dated 29th August, 2001 passed by the first appellate Court in Title Appeal No.41/2000, partly decreeing the suit of the plaintiffs by reversing the judgment and decree dated 22nd August, 2000 passed by the learned Civil Judge (Jr. Division), Hojai in Title Suit No.35/1995, whereby and whereunder the plaintiffs' suit was dismissed.

(2.) THE predecessor-in-interest of the present appellants, namely Harekrishna Dalai, instituted the aforesaid suit against the predecessor-in- interest of the present respondent Nos.1 to 4, namely, Prameswar Das, praying for a decree declaring his right, title and interest in respect of Schedule-A land, measuring 3 Bighas 4 Kathas covered by Dag No.79 of Periodic Pata No.33 of Dalpukur Kissam under Hojai Mouza in the district of Nagaon; for confirmation of possession in respect of the Schedule-C land, measuring 1 Bigha 4 Kathas, out of the Schedule-A land and for recovery of khas possession in respect of Schedule-B land measuring 2 Bighas, which is also the part of the Schedule-A land, contending inter alia that the Schedule-A land originally belonged to the proforma defendant No.8, Sri Horendra Dalai which was, however, transferred to the plaintiffs by registered sale deed dated 30th March, 1977 (Exhibit-1) and accordingly, the plaintiffs have acquired the right, title and interest over the said land. It has also been pleaded that on 7th March, 1984, there was an attempt made by the original defendant to dispossess the plaintiffs from Schedule-B land, which having been resisted by the plaintiffs, though they failed in their design, the plaintiffs, however, were subsequently dispossessed from the Schedule-B land on 14th December, 1988, for which the plaintiffs have to institute the suit for declaration of right, title and interest over Schedule-A land, confirmation of possession in respect of Schedule-C land and recovery of khas possession in respect of Schedule-B land.

(3.) ON the basis of the pleadings, the Trial Court framed the following issues for determination:-