RATAN LAL SAHA Vs. GOSSAIGAON TOWN COMMITTEE

JUDGEMENT

(1.) This Second appeal is directed against the judgment of reversal passed by the learned Civil Judge (Senior Division), Kokrajhar in Title Appeal No. 3 of 1999 allowing the appeal of defendant/ respondent No.2 and thereby setting aside the judgment and decree dated 26.09.1997 and 21.01.1998 respectively, passed by the learned Civil Judge (Junior Division) No.2, Kokrajhar in Title Suit No. 7 of 1994. The learned first appellate Court by its judgment under challenge dismissed the suit of the plaintiff/ appellant.

(2.) One Ratan Lal Saha appellant herein as plaintiff instituted tile suit No. 7 of 1994 in the Court of learend Munsiff No.1, Kokrajhar stating that a plot of land measuring 9 B 3 K 6 Lechas was formerly under possession of Dhubri Local Board and since 1958 the petitioner's father occupied the plot of land measuring 2 lechas which is 7 ft in length and 4 ft in breadth over land covered by Dag No. 189 of Khatian No.1 to the knowledge of all including the State of Assam. After the death of Ratan Lal Saha, petitioner continued with the possession and has been running a Pan Shop in the said plot obtaining license under the Assam Municipal Act, 1956. It is the pleaded case of the plaintiff that after dissolution of Dhubri Local Board, the land stood returned to the Government of Assam and with the constitution of Gosaigaon Town Committee in the year 1972, the land was neither acquired by the Government nor did the Government vest the same on the Town Committee and as such the right of Padalal Saha (father of the plaintiff, now deceased) acquired in the year 1958 due to uninterrupted possession over the plot of land in question and continuance of the possession of the plaintiff openly and hostile to the interest of others matured into valid title by right of adverse possession. The plaintiff further contended that Lat Mandal of the State of Assam visited the land and threatened the plaintiff with dispossession, for which the plaintiff issued notice under section 80 CPC against the State of Assam stake claim of adverse possession. After the expiry of the statutory period of 60 days, the suit, therefore, was instituted for declaration of right, title and interest by way of adverse possession.

(3.) The defendant No.1, herein, the State of Assam, submitted a written statement through the Collector of the Kokrajhar district pleading, inter alia, that the land was not a Khas land, but a patta land under the Sub -Divisional Officer, Kokrajhar, who was shown as pattadar in the records of rights. The said defendant No.1 did not say that the land was acquired and vested otherwise on the defendant No.2, namely, Gossaigaon Town Committee under Section 62 (1) (e) of the Assam Municipal Act, 1956 or by any other law for the time being in force. On the other hand, defendant No.2 submitted a written statement claiming that the land being a market place vested on it under Section 62 (1) (e) when Gosaigaon Town Committee was established in the year 1972. Since the plaintiff had been paying tolls against occupation of the shop under the municipality, it could not have acquired the right of the adverse possession.