BAJRANGLAL PATADIA Vs. DULAL CH. DEY

JUDGEMENT

(1.) THIS appeal by the plaintiff is directed against the judgment and decree dated 16.11.1996 passed by the learned Asstt. District Judge, Sonitpur at Tezpur in Title Appeal No.24/1993, allowing the appeal preferred by the defendant Nos.1 to 6 in Title Suit No.115/1989 and by setting aside the judgment and decree dated 25.06.1993 passed by the learned Munsiff No.1, Tezpur in the said suit, whereby and whereunder the appellant's suit was decreed by the Trial Court.

(2.) THE appellant instituted Title Suit No.115/1989 in the Court of learned Munsiff No.1 at Tezpur, against the respondent Nos.1 to 6 as defendants, praying for a decree for permanent/perpetual and prohibitory injunction restraining and prohibiting their men, agents, employees and/or associates from interfering with the possession and use of the suit room and the premises by the plaintiff and/or from entering into the suit room and also ousting the plaintiff from the suit room and the premises, contending inter alia that the land measuring 13 lechas was originally belonged to Suleman Ali, out of which 6 lechas of land was transferred by three sons of Suleman Ali, namely, Akhtar Ali, Akash Ali and Mohammad Ali in favour of the defendant Nos.1 and 2 and another 6 lechas of land was sold to the predecessor-in-interest of the defendant Nos.3 to 6. It has also been pleaded that out of the remaining 1 lecha of land, the 3rd son of Suleman Ali i.e. Mohammad Ali sold his share of 1/3rd i.e. 48 sq.ft. in favour of the plaintiff by a registered deed of sale No.3268 dated 28.07.1970 for the consideration of Rs.600.00 along with the suit room No.4 over the said land and by virtue of such sale the plaintiff became the owner. It has also been contended that since there was an attempt by the defendant Nos.1 to 6 to dispossess the plaintiff from the suit land as well as from the suit room No.4, the suit has been instituted praying for a decree of injunction, as noticed above.

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