RUMA MONI DAS Vs. ASSAM BOARD OF REVENUE

JUDGEMENT

(1.) HEARD S.J. Sarma, the learned Counsel appearing for the petitioner. The respondent No.2 who is the main contesting party is represented by learned advocate Mr. P.C. Goswami.

(2.) THE petitioner purchased land measuring 1 Katha 5 Lechas through registered Sale Deed No.936/2002 dated 8.2.2002 from Satyajeet Borthakur and she immediately secured possession of the purchased property from the hand of the vendor. Previously the vendor Satyajeet Borthakur had purchased this land from Surendra Nath Bhattacharjee and Pabindra Nath Bhattacharjee through the Sale Deed dated 2.4.2001 and the vendor got mutation of the purchased land, prior to executing the Sale Deed in favour of the petitioner.

(3.) THE land purchased by the petitioner measures 1 Katha 5 Lechas and is covered by Dag No.331 (old). This land under Dag No.331 was amalgamated with land of Dag No.332 in the year 1995 into a consolidated Dag No.2197 (new) covered by Patta No.564 (new) in village Odalbakra in Beltola Mouza of Kamrup District. The conjoint lands of Dag No.332 was owned by siblings (cousin) Kailash Ch. Sarma and Lt. Gopal Priya Devi. The respondent No.2 Kailash Ch. Sarma purchased 1 Katha 10 Lechas of land of Dag No.332 (old) from Gopal Priya Devi through Sale Deed dated 20.9.2001. The total land within Dag No.332 measured 2 Kathas and according to the petitioner, the respondent No.2 couldn't secure possession of his purchased land. The respondent No.2 filed T.S. No.9/2002 and sought declaration of right, title and interest and recovery of possession of the land measuring 1 Katha 10 Lechas as described in Scheduled -A to the plaint. Since the identification of the land is relevant, the Schedule -A land as described in the plaint in the T.S. 9/2002 filed by Kailash Ch. Sarma (respondent NO.2) is extracted hereinbelow :