HAREKRISHNA BISWAS Vs. JABEDA BEGUM

JUDGEMENT

(1.) THIS appeal by the defendant is directed against the judgment and decree dated 24.12.2001 passed by the learned Civil Judge (Senior Division), Kokrajhar, in Title Appeal No.9/1999, dismissing the same by affirming the judgment and decree dated 06.09.1997 passed by the learned Civil Judge (Junior Division) No.2, Kokrajhar, in Title Suit No.47/1988.

(2.) THE predecessor -in -interest of the present respondents instituted Title Suit No.47/1987 for declaration of right, title, interest and permanent injunction in respect of a plot of land measuring 3 lechas covered by Dag No.216 of Khatian No.64, more fully described in the Schedule -A to the plaint, contending inter alia that the said land though originally belonged to him, was subsequently transferred in favour of one Rajendra Barman by a registered deed of sale dated 11.03.1970, who on 18.03.1986 retransferred the right, title and interest in respect of the said land in favour of the plaintiff by a registered deed of sale dated 18.03.1986 (Ext. -1) and delivered the possession. It has also been contended that on the southern part of the land, i.e. 1 1/2 lechas, more fully described in Schedule -B to the plaint, which was let out to one Nirmal Biswas, a cycle maker, the defendant started disturbing the possession of the plaintiff, which is part of the Schedule -A land, on the guise of alleged sale by Rajendra Barman to the defendant on 28.07.1987 (Ext. -B), compelling the plaintiff to file the suit as aforesaid.

(3.) BASED on the pleadings of the parties, the Trial Court framed the following issues for determination: -