BANAMALI DAS ALIAS BANORAM DAS Vs. PADMANATH GOSWAMI

JUDGEMENT

(1.) HEARD Mr. B. M. Sarma, learned counsel for the appellant and Mr. K. Basar, learned counsel for the respondents.

(2.) THIS Second Appeal has been preferred by the plaintiff appellant challenging the order of the first appellate Court (Asstt. Dist. Judge, Barpeta) in T. A. No. 21/90 passed on 13. 11. 92. The appellant plaintiff, hereinafter, referred as the plaintiff, for convenience sake, instituted T. S. No. 112/86 before the Court of Munsiff No. 1, Barpeta stating interalia that he was a tenant in respect of the suit land, measuring 1 bigha 3 kathas 12 lechas of land covered by Dag No. 282 under N. K. Patta No. 22 situated at village Gobindapur under Pub Bajali Mouza, fully described in Schedule B to the plaint, hereinafter, referred as the suit land. The suit land originally belonged to Chandra Kanta Goswami and thereafter, it came under the possession of the defendants on the death of Chandra Kanta Goswami. The further claim of the plaintiff is that the suit land was in possession of the plaintiff since the days of their forefather and they are paying land revenue regularly. The plaintiff was given Khatian No. 175/27 under the Assam (Temporarily Settled Areas) Tenancy Act, 1971, for short, the Act. The said Khatian was issued in the year 1977.

(3.) THE further case of the plaintiff is that at the time of Assam Agitation, the plaintiff had to leave the suit land and he had to take shelter in Barpeta town as his house was burnt down by the agitationists. Thereafter, on an application filed by the original landlord (defendant No. 3), the Deputy Commissioner, Barpeta vide impugned order dated 24. 06. 85 cancelled the khatian issued in favour of the plaintiff and the defendant No. 3 entered into the suit land by dispossessing the plaintiff and by raising a house thereon. The plaintiff thereafter filed the present suit for quashing of the cancellation order of khatian issued by the Deputy Commissioner and for consequential relief.