JAGANNATH MAHANTA Vs. SADEK ALI

JUDGEMENT

(1.) THE plaintiff of Title Suit No. 56 of 1991 of the Court of learned Civil Judge (Junior Division) No. 3 at Guwahati has preferred this Second Appeal challenging the appellate judgment of reversal passed on 21.09.2002 by learned Civil Judge (Senior Division) No. 1 at Guwahati in Title Appeal No. 26 of 1998, thereby dismissing the suit of the plaintiff.

(2.) THE plaintiff Mr. Jagannath Mahanta instituted Title Suit No. 56 of 1991 praying for a decree for declaration of his right, title and interest and recovery of possession of a plot of land measuring 2 Kathas 11 Lechas by Dag No. 207 of KP Patta No. 177 in village Hengerabari of Beltola Mouza in the District of Kamrup. The Plaintiff stated that original owner of the land was one Md. Babur Ali Sheikh (Proforma Defendant No. 6) who transferred the land to Sakina Bibi (proforma defendant No. 7) vide registered sale deed No. 1503/1379 dated 05.03.1962 on receipt of consideration of Rs. 1000/ - and handed over possession thereof. Sakina Bibi on turn sold the same land to the plaintiff by a registered sale deed No. 1653/1548 dated 17.02.1971 on a consideration of Rs. 4999/ - and handed over possession to the plaintiff. The plaintiff thereafter obtained demarcation through land records staff and erected boundary walls made of bricks on Western and Eastern boundaries in February, 1971. The boundaries at Northern and Southern side, however, were tied up with trees and bamboos. There was a public road on the Northern boundary. The plaintiff claims to have made payment of land revenue regularly. He obtained mutation in the records of rights on 18.07.1981 vide mutation No. 725 of 1979 -80. According to the plaintiff, in the early March 1985 he started construction of a residential house over the suit land but in the night of 14.03.1985 at about 9 P.M. the defendant attacked the plaintiff and demolished the construction made by him. Out of fear the plaintiff took shelter in the house of the neighbour, Udhav Kakoti and Monmohan Kalita. He lodged ejahar with Dispur Police Station on 15.03.1985 which ultimately led to registration of Case No. 155 M/85 under Section 145 Cr.P.C and the land was also attached under Section 146 Cr.P.C. The Magistrate, Guwahati, however, declared possession of the defendant on 28.11.1988 which was brought under challenge in Criminal Revision No. 65 of 1989 before this Court and the Revision Petition was dismissed on 18.12.1989 by this Court. Under such compelling circumstances, the plaintiff claimed to have instituted the suit for declaration of his right, title and interest on the basis of purchase and for recovery of possession by evicting the defendants and removing his men and materials from the suit land.

(3.) ON the basis of these rival contentions of the parties, the learned Trial Court framed as many as 4 issues and the same are as follows: