KESHAR SINGH BARMAN Vs. FAUZDAR KAHAR

JUDGEMENT

(1.) THIS appeal by the plaintiff is directed against the judgment and decree dated 11.06.2002 passed by the learned Civil Judge (Sr. Division), Nagaon, in Title Appeal No.28/2001, whereby and whereunder the appeal preferred by the present appellant has been dismissed by affirming the judgment and decree dated 11.07.2001 passed by the learned Civil Judge (Jr. Division), Hojai, Sankardevnagar in Title Suit No.99/1990, dismissing the suit of the plaintiff.

(2.) THE appellant as plaintiff instituted the aforesaid suit for declaration of right, title and interest in respect of the land measuring 6 bighas 3 kathas 10 lechas in Dag No.85 of annual patta No.19, more fully described in schedule to the plaint, and also for recovery of khas possession by evicting the defendants therefrom, contending inter alia that he is the owner of the land measuring 11 bighas 3 kathas 12 lechas covered by Dag Nos.85 and 86 of annual patta No.19, out of which though his possession in respect of 5 bighas of land in Dag No.86 is not disturbed, the defendants dispossessed the plaintiff from the land measuring 6 bighas 3 kathas 10 lechas in Dag No.85 of annual patta No.19, which is the suit land, which necessitated filing of the suit as aforesaid.

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