DIMBESWAR KALITA Vs. OIL AND NATURAL GAS COMMISSION

JUDGEMENT

(1.) This second appeal arises out of the judgment and decree, dated, 22.1.1997, passed by the learned District Judge, Sibsagar, in Title Appeal No. 1 of 1991, upholding and maintaining the judgment and decree, dated 11.4.1991. passed by the learned Assistant District Judge, Sibsagar, in Title Suit No. 45 of 1987, dismissing the suit.

(2.) Briefly stated, the plaintiff-appellant's suit, as unveiled before the learned trial Court, was as follows : The plaintiff was in possession of the suit land as title holder thereof and he also had residential houses standing thereon, which had been let out by him. There were valuable trees and other plants on the suit land. On 1.2.1972, the respondents-defendants, with the help of labourers, trespassed into the suit land, pulled down the houses, cut down and damaged the trees, bamboo fencing, etc., standing thereon and widened the municipal road by encroaching upon the suit land. The plaintiff lodged Complaint Case No. 48 of 1972 under sections 447/427 of the Indian Penal Code against the defendants as accused, but the same ended in acquittal of the accused. The plaintiff moved this Court against the judgment and order of acquittal, but the same was turned down.

(3.) The respondent contested the suit by filing their written statement, their case being, briefly stated, thus : The defendants had widened, improved and constructed the road only on the land of the dag, which did not belong to the plaintiff, but was a Sarkari land and the possession thereof had been formally handed over to the defendants by the District Collector, Sibsagar. The plaintiff had, therefore, no right on the suit land.