NAREN CHANDRA MEDHI Vs. MAMTAJ ALI

JUDGEMENT

(1.) THE legality and validity of the order dated 25.02.2010 passed in Title Execution Case No. 12 of 2009 by the learned Civil Judge No. 2, Kamrup at Guwahati, whereby and whereunder the learned trial court disposed of the Title Execution Case holding that decree has already been executed as per report of the Civil Nazir without adjudicating the Misc.(J) Case No. 263 of 2009 filed by the petitioner under Order 21 Rule 97, 98 and 100 of the Code of Civil Procedure (Code for short).

(2.) THE petitioner was in possession of a plot of land measuring 2 kathas 5 Lechas comprising of Dag No. 435 and 546 at village Azara near National Highway No. 37, Mouza Ramcharani in the district of Kamrup which is bounded by: -

(3.) THE ex parte decree so obtained put to execution being Title Execution Case No. 12 of 2009 and on 05.12.2009 the petitioner was evicted from the entire land measuring 2 Kathas 5 Lechas though the decretal land was about 18 lechas and in consequence thereof an FIR was filed on 05.12.2009 against the forceful eviction from his land and on enquiry he came to know that a decree was passed in Title Suit No. 187 of 2009 whereof he was evicted from the land, in question, in pursuance of the Title Execution Case No. 12 of 2009.