BABUL ALI Vs. KHIRADA DUTT

JUDGEMENT

(1.) The petitioner has filed this petition under S. 115 read with S. 151 of the Code of Civil Procedure and under Art. 227 of the Constitution of India, challenging the order dated 25-3-86 passed by the Munsiff No. 1, Sibsagar in Misc. Case (J) No. 27 of 1981, arising out of Title Execution Case No. 2 of 1979, dismissing the application filed by the petitioner for restoration of possession and for compensation.

(2.) The petitioner's case is that the Predecessor-in-interest of the respondent 1(a) to 1(e) instituted a suit (TS No. 16/65) praying for a decree, inter alia, for recovery of khas possession of 18 lechas of land covered by Dag No. 45 (old) Periodic Patta No. 209 (old) corresponding to new Dag No. 55 of Simaluguri Town, Dhopabar Mouza, in the district of Sibsagar. In the plaint, however, the boundary of the suit land was not shown. The suit was decreed. An appeal preferred by the defendants/petitioners, was also dismissed. Second appeal was filed which was also dismissed. The original plaintiff as well as defendants died and the present petitioner and the defendants Nos. 1(a) to 1(e) were substituted in their places.

(3.) The petitioner's further case is that the land adjacent to the land included in Dag No. 55 are covered by Dag No. 54 and Dag No. 203. The petitioners and other members of their family had been using the said land since long time. This land was used by the members of the family of the petitioner as a path-way to their residences. As a matter of fact, this land was the only land over which the ingress and egress was possible.