CHARU BALA BARUA Vs. JURI SARMA

JUDGEMENT

(1.) This appeal by the successors-in-interest of the defendant No.1, namely, Ajit Barua, is directed against the judgment and decree dated 15.05.2002 passed by the learned Civil Judge (Sr. Division) No.1, Kamrup at Guwahati in Title Appeal No.50/2000, whereby and whereunder the appeal preferred by the plaintiffs has been allowed by setting aside the judgment and decree dated 08.08.2000 passed by the learned Civil Judge (Jr. Division) No.1, Kamrup at Guwahati, in Title Suit No.400/1996 (renumbered from Title Suit No.75/1988), whereby and whereunder the suit of the plaintiffs was initially dismissed.

(2.) The respondents herein as plaintiffs instituted the aforesaid suit for declaration of right, title and interest in respect of the land measuring 2 kathas, more fully described in Schedule-A to the plaint, and also for recovery of khas possession by evicting the defendants, for a decree that the sale deed dated 19.03.1985 executed by the defendant No.2 in favour of the defendant No.1 is null and void and not binding on the plaintiffs, apart from permanent and mandatory injunction, contending inter alia that a vast land was originally belonged to Rajendra Narayan Deb and after his death his successors-in-interest, namely, Smt. Lakshmi Priya Devi, widow of Rajendra Narayan Dev; Kumar Jatindra Narayan Dev and Kumar Dwijendra Narayan Dev, both sons of late Rajendra Narayan Dev; and Smt. Madhuri Choudhury, W/O Dilip Ch. Choudhury and daughter of Rajendra Narayan Dev, by means of a family partition on 19.06.1965, distributed the land at Beltola Mouza amongst them and accordingly the land described in Schedule-Kha to the said family partition (Ext.-4), which includes the suit land, fell in the share of Kumar Jatindra Narayan Dev, who by a registered deed of sale dated 03.07.1969 (Ext.-1) sold the suit land to the plaintiffs. It has further been pleaded that they were in possession of the suit land prior to such purchase and continued to be so after such purchase. Further pleaded case is that while they were enjoying the peaceful possession, Suprabha Devi, widow of Kumar Dwijendra Narayan Dev, instituted a proceeding under Section 145 Cr.P.C., which has been registered and numbered as Misc. Case No.282(m)/1985, where vide order dated 26.10.1987, the learned Executive Magistrate declared the possession of Suprabha Devi, the vendor of the defendants, and the first party in the 145 proceeding, for which the plaintiffs had to institute Title Suit No.67/1987, which, however, was subsequently withdrawn with liberty to re-file the suit on 30.11.1988 and consequently the present suit has been filed praying for the relief as noticed above.

(3.) The defendant No.1, namely, Ajit Barua, the predecessor-in-interest of the present appellants, and the defendant No.2, namely, Suprabha Devi, widow of Kumar Dwijendra Narayan Dev, filed their respective written statements. In the written statement filed by the defendant No.1, it has been contended that the land measuring 1 bigha, which includes the suit land, was sold by Suprabha Devi in favour of Ajit Barua and Charu Bala Barua, wife of Ajit Barua, by two separate sale deeds, both dated 19.03.1985 (Exts.-1 and 2) (It appears that the documents proved by both the plaintiffs and the defendants are marked as exhibit in numerical number by the Trial Court by mistake) and they were put into possession. The defendant No.1 also denied execution of sale deed in favour of the plaintiffs. According to the defendant No.1 by virtue of such purchase, the defendant No.1 as well as his wife Charubala Barua became the owner of the land measuring 1 bigha including the suit land in Dag No.314 of Patta No.32.