ANU DUTTA Vs. LOLIT KALITA

JUDGEMENT

(1.) This appeal by the plaintiff, is directed against the judgment and decree dated 04.12.2001 (decree drawn on 12.12.2001), passed by the learned Civil Judge (Senior Division), Golaghat, passed in Title Appeal No.1/2001, dismissing the appeal by affirming the judgment and decree dated 13.09.2000 (decree signed on 21.09.2000) passed by the learned Civil Judge (Junior Division) No.1, Golaghat, in Title Suit No.10/1994, whereby and whereunder the suit of the plaintiff has been dismissed.

(2.) The appellant as plaintiff instituted the aforesaid suit for declaration of right, title and interest and recovery of khas possession in respect of the land described in Schedule-A to the plaint, contending inter alia that the defendant No.4, who is the original owner vide registered deed of sale dated 20.01.1987 (Ext.-2) transferred her right, title and interest in favour of the defendant No.3, who thereafter vide registered deed of sale dated 21.11.1987 (Ext.-1) transferred the suit land in favour of the plaintiff, by virtue of which the plaintiff has acquired right, title and interest over the suit land. It has further been contended that the possession of the suit land, on execution of the aforesaid sale deed dated 21.11.1987, has been handed over, who has been dispossessed by the defendant Nos.1 and 2 in the month of November, 1988, for which the plaintiff has to brought the suit for declaration of right, title and interest and recovery of khas possession.

(3.) The defendant Nos.1, 2 and 4 have filed their respective written statements. While the defendant Nos.1 and 2 have filed their joint written statement, the defendant No.4 has filed a separate written statement, who was subsequently arrayed as defendant No.2(a) on the suit being contested. The proforma defendant No.3 did not contest the suit by filing any written statement.